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2025 DAILYLAW 52716 (CHH)

KISHAN SIDAR v. STATE OF CHHATTISGARH

MCRC/7473/2025 · 2025-10-07

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7473 of 2025 1 - Kishan Sidar S/o Ramkumar Sidar Aged About 22 Years Occupation Labour, R/o Village Usraut, P.S. Kotraroad, Raigarh, Distt. Raigarh, Chhattisgarh. ... applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Kotraroad, Raigarh, Distt. Raigarh, Chhattisgarh. ... Respondent(s) For applicant(s) : Mr. Dashrath Kushwaha, Advocate For Respondent(s) : Mr. Akhilesh Kumar, Govt. Advocate Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 08.10.2025. 1. Heard on the application filed under Section 483 of B.N.S.S. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 15.06.2025 in connection with Crime No. 264/2025 registered at P.S. Kotraroad, Dist- Raigarh (CG) for the offence under Sections 103(1), 238, 3(5) of Bhartiya Nyay Sanhita. 2. The case of the prosecution is that on 03.06.2025 there was a dispute between the deceased Jaleshwar Sarathi and his neighbour Dileshwar on the issue of SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.10.09 10:18:17 +0530 2 borrowing the motor cycle of Dileshwar. In between that the co-accused Satya Narayan assaulted the deceased by axe in the house of Dileshwar by which he received multiple injuries on his head and ultimately died. For causing disappearance of the evidence, the other accused persons thrown the dead body near canal and asked the present applicant to wash the blood stains by using his sprinkler machine. On the next day when the present applicant washing the blood stains he was being seen by other witnesses and then the death of the deceased was disclosed and murg was reported. In the post mortem, the death of the deceased was found to be homicidal due to head injury. The accused persons including the present applicant have been arrested and charge-sheet has been filed. 3. Learned counsel for the applicant would submit that the present applicant is innocent and has not involved in any offence and the allegation against hims is only for causing disappearance of the evidence by washing the blood stains on the shoes of the deceased. None of the witnesses have stated about the presence of the applicant on the place of the incident at that time when the incident took place between the deceased Jaleshwar & Dileshwar and Satya Narayan. The applicant is in jail since 15.06.2025 and final adjudication will take its own time, there is no criminal antecedent against the applicant and therefore, the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and submitted that the present applicant is cousin brother of the co-accused Satya Narayan who caused injuries to the deceased and to save him, he causing disappearance of the evidence by washing the blood stains and therefore, he is also made an accused and there is sufficient evidence against him in the charge-sheet and he is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the submissions made by learned counsel for the parties, considering the nature of offence and material collected during the investigation, further considering the allegation against the present applicant that he is washing blood stains of the shoes of the deceased and his presence is not appears at the time of incident with the other co-accused persons, without commenting anything on merits, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby allowed. 8. It is directed that the applicant Kishan Sidar shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) He Shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika