Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:15799
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2596 of 2025 1 - Ram Kumar Kewat S/o Gopal Kewat Aged About 32 Years R/o Village Namadgiri, P.S. Tahsil And District Surajpur Chhattisgarh
... Applicant(s) versus 1 - State of Chhattisgarh Through P.S. - Surajpur Chhattisgarh
... Non-applicant(s) For Applicant(s) : Mr. Hanuman Prasad Agrawal, along with Mr. Shubham Agrawal, Advocate. For Non-applicant(s) : Mr. Neeraj Sharma, Deputy Advocate General. Hon'ble Shri
Justice Ravindra Kumar Agrawal, J.
Order on Board 03/04/2025
1. This is the third bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, filed by the applicant who is arrested on 03-01- 2024, in connection with Crime No. 04 of 2024, registered at Police Station Surajpur, District Surajpur, Chhattisgarh, for the offence under Section 302, 201, 34 of the IPC.
2. The First bail application of the applicant was dismissed as withdrawn by this court after arguing for some time on 28-11-2024 with liberty to repeat his prayer for bail after examination of material witnesses, passed in M.Cr.C. No. 6107/2024. The Second bail application of the applicant is also dismissed on ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.12 10:26:15 +0530
2 24-01-2025, passed in M.Cr.C. No. 490 of 2025 on the ground that there was no change in circumstances. Hence, this Third bail application of the applicant.
3.
Learned counsel for the applicant would submit that the applicant is arrested for the offence of Section 302, 201, 34 of the IPC and has been in jail since 03-01-2024, and thereby he has already remained in jail for more than 01 year and 04 months. The witnesses are not turning up for their evidence, and the final adjudication of the case is held up. There is no evidence against the applicant that he murdered the deceased or concealed the evidence. Only 5 witnesses have been examined in the case up till 14-02-2025, the applicant is in jail since 03-01-2024 and final adjudication of the case will take its own time. He would rely upon the order dated 29-07-2022, passed by Allahabad High Court, in Criminal Miscellaneous Bail Application No. 22 of 2020 (Mohd. Ibrahim v. State of U.P.) and would submit that delay is trial of the case makes the applicant entitled for grant of bail. Therefore, the applicant has filed this third bail application.
4. On the other hand, learned counsel appearing for the state opposed the bail application.
5. Considering the submissions made by the learned counsel for the parties, considering the facts and circumstances of the case, nature of allegation against the applicant, gravity of the offence, the evidence collected during the investigation and also that earlier two bail applications have been dismissed by this court vide orders dated 28-11-2024 and 24-01-2025, I do not find any change in circumstances. The facts and circumstances as well as the
consideration in the case of Mohd. Ibrahim (supra) are different then the present case and therefore, no benefit can be extended to the applicant from that order.
6. Accordingly, the third bail application of the applicant is dismissed.
3
7. Considering the fact that the applicant is in jail since 03-01-2024 and only five witnesses have been examined till date as submitted by the learned counsel for the applicant, the trial court is directed to expediate the trial of the case.
8. A copy of this order shall be forwarded to the learned trial court as well as the concerned superintendent of police for expeditious conclusion of the trial. Sd/-
(Ravindra Kumar Agrawal)
Judge Alok