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2025 DAILYLAW 5398 (CHH)

HARISH KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/789/2025 · 2025-01-29

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:5290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 789 of 2025 1 - Harish Kumar Sahu S/o Tejram Sahu Aged About 21 Years Resident Of Village- Bakli, Tahsil- Kurud, District- Dhamtari (Chhattisgarh) ... Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Kurud, District Dhamtari (Chhattisgarh) ... Respondent(s) For Applicant (s) : Shri Arun Kumar Shukla, Advocate. For the State : Ms. Pragya Shrivastava, Dy. Govt. Advocate. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 29/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.257/2024 registered at Police Station Kurud, District Dhamtari (C.G.) for the offence punishable under Sections 120-B,302, 201, 34 of IPC. 2. Case of the prosecution in brief is that the accused persons including present applicant hatched conspiracy for committing murder of deceased Panchram Dewangan and in furtherance of that conspiracy, the accused persons committed murder of Panchram Dewangan by 2 strangulation. 3. Learned counsel for the applicant submits that only on the basis of suspicion applicant has roped in the present case, material witnesses have been examined before the trial Court, who have not supported the case of the prosecution and they have turned hostile, there is 32 witnesses out of which 6 witnesses have been examined and trial will take more time to conclude the trial, hence, the applicant may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail. 5. Heard learned counsel for both the parties. 6. Considering the entire facts and circumstances of the case, looking to the involvement of the applicant in this crime, there is no direct evidence against the applicant, no postmortem report, applicant is in jail since 29/05/2024, charge-sheet has already been filed, trial will take more time to conclude the trial, without commenting anything on merits of the case, I am inclined to allow bail application of applicant. 7. Accordingly, bail application is allowed. It is directed that applicant - Harish Kumar Sahu shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. 3 c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/- (Arvind Kumar Verma) JUDGE Kamde NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.31 17:26:37 +0530