Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:61213
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10138 of 2025 1 - Smt. Podiyami Kanni W/o Podiyami Joga Aged About 53 Years R/o Gram Aetkal,
P.S.
Konta,
District
Sukma
C.G. 2 - Smt. Podiyami Roja W/o Podiyami Santosh Aged About 25 Years R/o Gram
Paetkal,
P.S.
Konta,
District
Sukma
C.G. 3 - Smt. Nuppo Rame W/o Nuppo Jailu Aged About 35 Years R/o Gram Aetkal, P.S. Konta, District Sukma C.G.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Konta, District Sukma C.G. ---Non-applicants For applicants : Mr. Shubham Bajpayee, Advocate. For-Non-applicants : Ms. Pragya Shrivastava, G.A. Hon’ble Shri Arvind Kumar Vema, Judge Order on Board 16/12/2025
1. The applicants has preferred this Second Bail Application under Section 483 of B.N.S.S. in connection with Crime No. 20/2024, registered at Police Station Konta, District Sukma, Chhattisgarh for the offences punishable under Sections 191(2), 191(3), 190 103(1), 296, 351(2) of BNS 2023 and Section 4 & 5 of Chhattisgarh Tonhi Pratadna Nivaran Act 2005. 2. On 16.01.2025, in MCRC No. 408/2025, the first bail application was dismissed on merits. Digitally signed by JYOTI JHA Date: 2025.12.18 14:49:35 +0530
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3. The prosecution story in brief, is that, on 15.09.2024 in the morning at about 11 AM, a meeting was called in the Village and about 30-40 peoples were present in the meeting and it was alleged in the meeting that the family of Mausam Kanna, Mausam Buccha, Smt. Mausam Arjo, Smt Mausam Viri and Smt. Karka Acchi are doing witchcraft practice in the village and due to which several peoples died in the village and then the villagers started beating them with sticks and hands in which Mausam Kanna, Mausam Buccha, Smt. Mausam Arjo, Smt. Mausam Viri and Smt. Karko Acchi died. Thereafter, Smt. Mausam Siti reports the offence and the applicantss and other persons were arrested. 4. It was argued by the learned counsel for the applicants that the investigation is complete and charge-sheet has been filed on 11.12.2024 and further supplementary charge-sheet was filed on
29.09.2025. There is no criminal antecedents against the present accused.
The applicants has not committed any offence alleged in the complaint, and they have been falsely implicated in the case even they have not been named as accused in the alleged FIR registered by the complainant Smt. Mausam Siti and named FIR has been lodged against 5 persons, therefore the applicantss may be released on bail
5. On the other hand, the learned counsel for the State opposes the bail application and submits that there is ample evidence on record to connect the appellants with commission of the offence. There are four eye witnesses who clearly stated for involvement of the present applicantss as well as named the present applicantss. Further the present applicantss and other persons assaulted the deceased with the help of wood sticks and hands, due to which the five persons died. For which, the applicantss have not given any plausible explanation, therefore, their bail application is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the case diary produced by the learned counsel for the State. 3
7. Considering the nature and gravity of the offence and further considering the fact that earlier bail application was rejected on merits, I do not find any change of circumstances to reconsider this repeat application for grant of bail and to release the applicants on bail, therefore, at this stage, the aforesaid bail application of applicants is rejected. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, if there is no legal impediment. 9. OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti