1 2025:CGHC:53038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8155 of 2025 1 - Luku @ Lokesh @ Mukesh Kumar Nishad Son Of Late Baratu Ram Nishad Aged About 27 Years Resident Of Village Kas, P.S. Gariyaband, District Gariyaband Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Gariyaband, District Gariyaband Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri C.R.Sahu, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy.GA (Hon’ble Shri Justice Arvind Kumar ) Order on Board 30/10/2025 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. 288/2023 registered at police 2 station Gariyaband, District Gariyaband (CG) for the offence punishable under Sections 302,201 and 34 of the IPC. 2. Prosecution case in brief is that on 6.10.2023, at about 1.30 am in the midnight, the applicant with the help of the co-accused committed murder of the infant, who was 1 ½ months old by beating and strangulating thereafter made an attempt to destroy the evidence. Information was given by the complainant to the concerned police station and merg was registered as 0/2023 against unknown person and during investigation offenceunder Sections 302, 201 and 34 of IPC was registered against the applicant and he was arrested. 3. Contention of the counsel for the applicant is that the applicant has been falsely implicated in the crime in question. He further submits that the applicant has not committed any offence nor had any intention to kill the infant. He submits that only on the basis of some family dispute he has been implicated. He submits that the seizure witnesses have been examined before the trial court and they have given contradictory statements and have not supported the case of prosecution. Lastly, it is submitted that the applicant is in jail since 15.10.2023; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 3 5. Heard counsel for the parties and perused the case diary with utmost circumspection. 6. On due consideration of the rival submissions and the fact that the applicant committed murder of the infant, aged about 1 ½ months and tried to destroy the evidence with the help of co-accused thus, looking to the nature of the offence, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of the BNSS is hereby rejected. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.01 16:20:09 +0530