1 2025:CGHC:52911 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8596 of 2025 Palash Sheel S/o Late Jyotin Sheel Aged About 44 Years R/o Village- P.V.- 20, Baikunthpur, Police-Station Gondahur, Tahsil - Pankhanjure, District Uttar Bastar Kanker C.G. (As Per Charge Sheet) … Applicant versus State Of Chhattisgarh Through The Station House Officer, Police-Station Gondahur, District Uttar Bastar Kanker C.G. ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Shivendu Pandya, Advocate For State-Respondent : Ms. Pragya Shrivastava, Dy. GA ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30/10/2025 1. This is the second bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail. First bail application was dismissed as withdrawn on 08.05.2025 in MCRC No.3604 of 2025. The applicant who has been arrested in connection with 2 Crime No.14/2024 registered at Police Station Gondahur, District Uttar Bastar Kanker (C.G.), for the offence punishable under Sections 103(1)/3(5), 238 of BNS and 25/27 of Arms Act. 2. The prosecution story in brief is that one of the complainant namely Nitesh Sheel lodged the merg intimation to effect that the deceased Abhay Sheel was missing on 14/08/2024 from his house and the dead body of the deceased Abhay Sheel was lying in the agriculture field of Prabhash Surkar and further the complainant anticipated that some unknown person was assaulted the deceased by sharp edge weapons on which he died. On the date of incident i.e. on 14/08/2024 at about 07:00 P.M., some quarrel was taken place in the house of present applicant between the deceased Abhay Sheel and on which the deceased Abhay Sheel was come in the out side of the house and the main accused Palash Sheel (father) was followed him, thereafter, the main accused Palash Sheel (father) was assaulted by shar weapons in head of the deceased due to the deceased was died on the spot. On the said act of the accused/applicant along with other co-accused, the complainant Nitesh Sheel lodged a report to the Police Station Gondahur, District Uttar Bastar Kanker (C.G.) against unknown person. On the said report of the complainant, the police of Police Station registered the offence punishable under section 103(1)/3(5), 238 of B.N.S. and 25/27 Arms Act against the 3 unknown person and on the basis of memorandum of the main accused, the present has been arrested by the police. 3. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He further contended that the police registered the offence against the applicant only on the basis of suspicion and memorandum made by the accused before the Police. It shows that the present applicant has not committed any murder or offence which is alleged by the police. Only on the basis of suspicion, the police arrested the present applicant offence punishable under section 103(1) of B.N.S. but it is worthwhile to mention here that the ingredients of sections are missing because of the present accused/applicant is innocent and falsely implicated in the instant case. He further submits that the similarly placed other accused person namely Ranjeeta Sheel in this case has already been granted regular bail by this Court. The present, accused/applicant is also connected and accused of same Crime No. 65/2024 and the case of the present accused/applicant is also similar as well as allegation, therefore, the present accused/applicant is also entitled for regular bail on the ground of parity. The applicant is in jail since 17.08.2024. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4 4. On the other hand, learned counsel for the State opposes the bail application and contended that the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy. Further considering the fact that the applicant is the main accused of this case who assaulted by the sharp weapon on the head of the deceased due to that the deceased was died on the spot, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant involved in Crime No.14/2024 registered at Police Station Gondahur, District Uttar Bastar Kanker (C.G.), for the offence punishable under Sections 103(1)/3(5), 238 of BNS and 25/27 of Arms Act, is rejected. 8. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible. Sd/- (Arvind Kumar Verma) Judge Vasant