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2025 DAILYLAW 55877 (CHH)

PRADEEP NIRMALKAR @ LAL v. STATE OF CHHATTISGARH

MCRC/9589/2025 · 2025-12-08

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:59868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9589 of 2025 1 - Pradeep Nirmalkar @ Lal S/o Rajendra Nirmalkar Aged About 21 Years R/o Bsup Colony, White Building, House No.-24, Block Number- 11, Ps-Purani Basti, Raipur, District-Raipur,(C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station- Purani Basti, District- Raipur, (C.G.) ... Respondent(s) For Petitioner(s) : Shri Shobhit Koshta, Advocate For Respondent/State : Ms. Priya Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 09/12/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 463/2024 registered at police station Purani Basti, District Raipur (CG) ) for the offence punishable SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.12.11 11:28:11 +0530 2 under Sections 103(1), 109(1), 190, 191(2), (3) and 3(5) of the BNS Act, 2023. 2. The prosecution story as revealed from the FIR dated 1.11.2024 lodged by the complainant Arjun Singh and other documents on record shows that on the occasion of Diwali, deceased Anand @ Aanu Singh was allegedly assaulted by the applicant and others during a dispute relating to money, which resulted in grievous injuries leading to the death of the of deceased. It thus emerges that the incident involved violent assault, raising serious allegations against the applicant and others. On the basis of the FIR lodged against the applicant and the co- accused, he was arrested on 24.12.2024. 3. Contention of the counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime in question. He submits that the alleged offence was part of a mutual fight. The applicant claims that the fatal injury was caused by co-accused and denies having caused any injury to the deceased. It is submitted that a counter case ie. FIR No. 462/2024 (lodged earlier at 9.00 pm) on the same day accused the deceased and associates of assaulting the applicant and others, resulting in death of one Sanjay Yadav and Krishna Dheemar. The charge sheet filed therein attributes head injuries to applicant from deceased group, portraying a free fight where deceased were aggressors. Lastly, it is submitted that there was no intention or knowledge for death attributable to the applicant. 4. On the other hand, opposing the bail, learned State counsel emphasizes the gravity of murder/abetment/rioting charges, applicant's 3 specific role in assault as per charge sheet and statement of the witnesses recorded, he may not be granted bail. 5. Heard counsel for the parties and perused the case diary with utmost circumspection. 6. Considering the facts and circumstances of the case, the rival submissions made by the parties, and the fact that the wife of the deceased is the eyewitness to the incident and she has been examined before the trial court and looking to the nature and gravity of the offence, I am not inclined to release the applicant on bail. Accordingly, his bail application filed under Section 483 of the BNSS is hereby rejected. However, the trial court is directed to expedite the trial as expeditiously as possible. Sd/- (Arvind Kumar Verma) Judge