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2025 DAILYLAW 55840 (CHH)

RAJENDRA THETWAR v. STATE OF CHHATTISGARH

MCRC/7973/2025 · 2025-11-09

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:54704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7973 of 2025 • Rajendra Thetwar S/o Ratan Thetwar Aged About 34 Years R/o Gram Kodka, P.S. Chhuikhadan, Dist. Khairagarh-Chhuikhadan- Gandai-Gandai, C.G. ... Applicant versus • State Of Chhattisgarh Through Police Station Chhuikhadan, Dist. Khairagarh-Chhuikhadan-Gandai-Gandai, C.G. --- Respondent For Applicant : Mr. Pragalbha Sharma, Advocate For Respondent/State : Ms. Laxmin Kashyap, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/11/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.87/2025, registered at PS -Chhuikhadan, Distt- Khairagarh-Chhuikhadan- Gandai-Gandai, C.G, for commission of offence punishable under Sections 296, 115(2), 351(3), 103(1), 118(1) read with Section 3(5) of the BNSS. 2 2. Case of prosecution, in brief, is that complainant -Bishru Ram Sahu lodged a complaint before concerned Police Station stating that on 17.04.2025, he alongwith his family was sitting at their under- construction house, present applicant accompanied with his father Ratan Thetwar arrived there and started abusing his wife in filthy languages with regard to land dispute. On opposing by complainant and his son (Arun Sahu and Jeevan Sahu), Ratan Thetwar has assaulted the Arun Sahu by hands and fists and present applicant bite the finger of Jeevan Sahu, due to which, (victims) suffered grievous injuries and Arun Sahu was taken to the hospital where during course of treatment, he (Arun Sahu) has died on 18.04.2025. Based upon report, FIR was registered and accused-applicant has been arrested for the aforementioned crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. This applicant has not played any active role in commission of the alleged offence/crime. The only allegation against the present applicant is that he has bitten the finger of Jeevan Sahu. There is no any other criminal antecedent against the applicant, he is in jail since 19.04.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant. 5. Heard learned counsel for the parties. 3 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the submission that applicant has not played any active role in commission of the alleged offence/crime, the only allegation against the present applicant is that he has bitten the finger of Jeevan Sahu, there is no any other criminal antecedent against the applicant, he is in jail since 19.04.2025, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant 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. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-