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2025 DAILYLAW 51467 (CHH)

SHIVARAM SAHU @ SHIVA v. STATE OF CHHATTISGARH

MCRC/7848/2025 · 2025-10-06

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:49730 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7848 of 2025 Shivaram Sahu @ Shiva S/o Late Mansukh Lal Sahu Aged About 23 Years R/o Village Pendri Basti, Ward No. 20, Lalbag, Police Station Lalbag, Tahsil And District Rajnandgaon Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Lalbag, District Rajnandgaon Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Aniruddha Shrivastava, Advocate For Respondent(s) : Mrs. Upasna Mehta, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 07/10/2025 1. The defaults raised by the Registry is hereby dropped. With the consent of the parties, the present bail application is heard finally. 2. The applicant has preferred this Second Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 418/2024, registered at Police Station Lalbag, District-Rajnandgaon (CG) for the 2 offence punishable under Section 103(3), 49, 3(5) of BNS, 2023. 3. The prosecution story in brief, is that the complainant Narayan Patel lodged a report at police station on 17.09.2024 stating that his son, Kamta Prasad Patel alias Jogi was attacked due to an old rivalry. On 17.09.2024 at around 5:00 PM, Inderjeet a resident of Pindari, assaulted Kamta Prasad Patel near the Hanuman Temple in the Village using a knife. After stabbing the victim, the accused threw the knife nearby and fled from the scene. As a result of the knife attack, Kamta sustained multiple stab wounds on his body. He was taken to the Medical College, Pindari, for treatment, where the doctor declared him dead. That during the investigation, it was found that Indrajeet along with Baba Yadav and present applicant had conspired to commit the crime. On this basis, applicant has been arrested on 19.09.2024 and after completing the investigation charge sheet is filed. 4. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No specific overt act of assault or active participation has been attributed to him in the FIR or in the statements of prosecution witnesses. The applicant is in jail since 17.09.2024, charge sheet has been filed and conclusion of the trial will take some time. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and submits that all the evidences are against the 3 applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant- Shivaram Sahu @ Shiva involved in Crime No. 418/2024 under Sections 103(1) 49, 3(5) of BNS, 2023 at Police Station- Lalbag, District- Rajnandgaon, Chhattisgarh, is rejected. 8. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima