Extracted from the PDF above. The PDF is authoritative.
1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10068 of 2025 1 - Krishna Kumar Patel S/o Late Banshilal Patel Aged About 27 Years R/o Village Dabhrakhurd, P.S. Birra, District Janjgir- Champa (C.G.) (As Per Challan)
... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Birra, District Janjgir-Champa (C.G.)
... Respondent For Applicant : Mr. P.K. Patel, Advocate. For Respondent/State : Mr. Ankur Kashyap, Dy. G.A. For Objector : Ms. Sareena Khan, Advocate. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 09 / 12 / 2025
1. Admit.
2. The accused/applicant has moved this second bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 23/2025 registered at Police Station - Birra, District – HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2025.12.09 16:42:00 +0530
2 Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 191(2), 103(2) of BNS, 2023.
3. As per the prosecution’s case, it is alleged against the applicant that on 14.03.2025 at about 3:00 pm, along with other co-accused persons, due to old enmity, assaulted Chitranshu Patel with hands & fists, stick & Bamboo stick and also threatened to kill him. On account of said assault, Chitranshu Patel suffered grievous injuries to his head and died during treatment on 18.03.2025. Based on this, offence has been registered against the present applicants.
4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that 9 witnesses out of 19 witnesses have been examined, and an eyewitness, Ankur Vaishnav (PW-5), has not supported the case of the prosecution against the applicant. Nothing has been seized from the present applicant. He next submits that the applicant is in jail since 22.03.2025, and there is no likelihood of his case being decided in the near future; therefore, the present applicant may be released on bail.
5. On the other hand, learned counsel for the State and objector oppose the bail application and submit that eyewitnesses Makar Chand (PW-6) and Dhaniram (PW-8)
3 supported the case of the prosecution; therefore, at this stage, he may not be enlarged on bail.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and the nature of crime, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected.
8. However, considering the fact that the applicant is in jail since 22.03.2025, and only 9 witnesses out of 19 witnesses have been examined till date, the concerned trial Court is
directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible preferably within a period 4 months from receipt of a copy of this order.
9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal)
Judge H.L. Sahu