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2025 DAILYLAW 56379 (CHH)

FHULESHWAR RAM THITHYO v. STATE OF CHHATTISGARH

MCRC/7400/2025 · 2025-11-09

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:54705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7400 of 2025 1 - Fhuleshwar Ram Thithyo S/o Birjhu Ram Aged About 32 Years . 2 - Nandlal Thithyo S/o Baldev Ram Aged About 25 Years. 3 - Rahul @ Deepak S/o Dhuma Aged About 29 Years. All are R/o Village - Bhawanipur, P.S. - Kusmi, District Balrampur- Ramanujganj Chhattisgarh --- Applicants versus State Of Chhattisgarh Through S.H.O. P.S. Karoundha District Balrampur-Ramanujganj Chhattisgarh --- Respondent For Applicant : Mr. Puskar Sinha, Advocate For Respondent/State : Mr. KK Bahrani, 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.09/2022, registered at PS -Karoundha District Balrampur-Ramanujganj Chhattisgarh, for commission of offence punishable under Sections 302, 201, 304, 34 of IPC and Section 135 of the Electricity Act. 2 2. Case of prosecution, in brief, is that in the Police Station - Karoundha merg intimation has been lodged by Pritam Kumar stating that on 27.02.2022 at 01: 30 p.m when he alongwith children of village went to roaming near Khairidad road, at that time near the road, he found one burnt dead body of unknown person. During investigation, dead body has been identified and in their memorandum, applicants have disclosed that they were fenced the field from electric wire for preventing from wild animals and one Kamil Sai of Bhawanipur electrocuted from electric wire, thereafter, they were hide the dead body of deceased in field and later on his body has been cut in piece and thrown near the road. Based upon which, accused-applicants have been arrested for the aforementioned crime/offence. 3. Learned counsel for the applicants submits that applicants have been falsely implicated in this case, they have not committed any offence as alleged against them. There is no evidence/material available to connect these applicants in the instant crime/offence. Only on the basis of their memorandum, applicants have been roped in this case. In the FIR, name of these applicant is not mentioned. Memorandum statements of applicants have been recorded after more than three years of alleged incident. Material witnesses have been examined before the trial Court and they have not stated anything against the applicants. There is no any other criminal antecedent against the applicants, they are in jail since 01.03.2025, conclusion of trial may take some time, hence, 3 applicants may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submit that based on memorandum of the applicants, sharp weapon (Gadasa & Tangiya) has been seized, which was used in cutting body of deceased. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of offence, submissions of learned counsel for the parties, particularly that based on memorandum of the applicants, sharp weapon (Gadasa & Tangiya) has been seized, which was used in cutting body of deceased, further considering the evidence of prosecution witnesses, I am not inclined to allow this bail application. 7. Accordingly, bail application is hereby rejected. However, trial Court concerned is directed to conclude the trial expeditiously as soon as possible, if there is no any legal impediment. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-