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2025 DAILYLAW 56394 (CHH)

ROKI KASHYAP v. STATE OF CHHATTISGARH

MCRC/9693/2025 · 2025-12-08

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 3 2025:CGHC:59682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9693 of 2025 Roki Kashyap S/o Late Dilip Kashyap Aged About 33 Years R/o Village- Salkhan, Police Station- Shiwarinarayan, District- Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Shiwarinarayan, District- Janjgir- Champa (C.G.) ... Respondent For Applicant : Ms. Deepanjali Tiwari, Advocate For State /Respondent : Ms. Pragya Shrivastava, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 09/12/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 17/09/2024 in connection with Crime No. 373/2024, registered at Police Station Shiwarinarayan, District Janjgir- ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.10 11:49:41 +0530 2 / 3 Champa, C.G. for the offence punishable under Sections 103 (1)/61(2) and 238 (a) of BNS. 2. The case of the prosecution in brief is that on 15/09/2024 the police of Police Station Birra received a telephonic information that an unknown dead body, packed in a plastic bag, was found floating in the Hasdeo River near village Kahri. On such information the investigation was carried out and the dead body was identified. Thereafter, the police registered the crime against the unknown persons and thereafter during investigation the present applicant along with the other co-accused was arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. She would next contend that the material witnesses have turned hostile and they even do not identify the present applicant. She would next contend that the applicant is in jail since 17/09/2024 and the it will take some more time to conclude the trial, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. I have heard learned counsel for the parties and perused the documents. 6. Considering the entire facts & circumstances of the case and the nature of allegation as it is a murder case and the trial is also at the fag end as the evidence of 17 witnesses have been recorded and only 08 witnesses are left to be examined, therefore, while hearing the bail applicant this Court cannot be go into appreciation of evidence as it will amount to 3 / 3 usurpt the power of the trial Court, therefore, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application is rejected. SD/- (Arvind Kumar Verma) JUDGE ashu