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2025 DAILYLAW 60036 (CHH)

ASHOK DAS MANIKPURI v. STATE OF CHHATTISGARH

MCRC/9300/2025 · 2025-11-23

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:56981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9300 of 2025 1 - Ashok Das Manikpuri S/o Pramod Das Manikpuri Aged About 20 Years R/o Indrapuri, Tifra, P.S. - Sirgitti, Tahsil And District Bilaspur Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Sirgitti, Distt. Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. Jaiprakash Shukla, Advocate For Respondent : Mr. Ankur Kashyap, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 24.11.2025 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.578/2024 registered at Police Station Sirgitti, District Bilaspur (CG) for the offence punishable under Sections 103(1), 109, 3(5) of BNS, 2023. 2. As per the prosecution case, on 19.08. 2024 at around 8:00 p.m, the applicant with other co-accused persons, is BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.11.25 10:28:10 +0530 2 alleged to have committed the murder of deceased Saurabh Patre by stabbing in his abdomen. The matter was reported to the Police by his mother Gulab Patre alleging that on 19 August 2024 at about 8:00 p.m., while she, her son-in-law Vimal Miri and her daughter Poonam Miri were at home, her son Saurabh Patre returned home bleeding. When she asked him what had happened, Saurabh told her that he and the juvenile accused had been drinking together. Because of a dispute over the drinking, the juvenile abused him by obscene language in front of Indrapuri Nagar Anish’s house. When Saurabh objected, the juvenile threatened to kill him and inflicted him with a knife causing serious abdominal wound. With the help of his daughter and son-in-law, Saurabh was taken to CIMS Hospital in Bilaspur for treatment where he was declared dead. Based on the said report, offense has been registered against the applicant 3. Learned counsel appearing for the applicant submits that the main accused in this case is the juvenile. The applicant has been falsely implicated in this case only on the basis of the memorandum statement of the juvenile accused. He submits that there is no direct evidence against the applicant and no seizure has been made from him. He further submits that there are total 16 witnesses out of which 15 witnesses have been examined till date, the applicant is in jail since 20.08.2024 and there is no likelihood of the trial to be concluded at the earliest, therefore, considering all these facts, the applicant may be released on bail. 4. Learned State counsel, on the other hand, opposing the bail application submits that considering the nature of offence, the applicant does not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the entire facts and circumstances of the case, particularly the material collected and available on record against the applicant and the period of his detention i.e. he is in jail since 20.08.2024, about one year three months, without commenting anything on merits of the case, this Court is inclined to grant bail to the applicant. 7. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai