Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5801
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 905 of 2025 1 - Ganesh Khunte S/o Shyamlal Khunte Aged About 40 Years R/o Village- Pipardula, P.S. Sarsiwa, District- Sarangarh-Bilaigarh Chhattisgarh (Detail Of The Applicant Has Not Mentioned In Annexure A-1)
... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Sarsiwa, District- Sarangarh-Bilaigarh (C.G.)
... Respondent(s) For Applicant : Mr. Chandra Prakash Lahrey, Advocate For Respondent(s) : Mr. Karan Bahrani, Panel Lawyer
Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 31/01/2025
1. The applicant has preferred this First Bail Application under Section 483 of BNS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 317/2024, registered at
2 Police Station Sarsiwa, District- Sarangarh (CG) for the offence punishable under Section 109, 103(1) of BNS, 2023. 2. The prosecution story in brief is that the complainant has made report to concerned police station that on the date of incident, there was simple dispute in between the applicant and deceased and thereafter, the applicant assaulted upon him and as result of the same, the injured/deceased person received injuries and he was admitted in the hospital where he died during treatment. Based upon such report, the police has registered merg intimation no. 49/2024 and registered the offence under Section 109, 103(1) of BNS, 2023. 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 applicant was friend to the deceased person but the applicant has neither been assaulted upon his friend nor any intention to commit murder of his friend and nor committed any aforesaid offence as alleged by the prosecution against him. TIt was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He further contended that the applicant was friend to the deceased person but the applicant has neither been assaulted upon his friend nor any intention to commit murder of his friend and nor committed any aforesaid offence as alleged by the prosecution against him. The applicant is in jail since 07.09.2024. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of
3 bail to the applicants. 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 this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant- Ganesh Khunte involved in Crime No. 317/2024 under Section 109, 103(1)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 applicant was friend to the deceased person but the applicant has neither been assaulted upon his friend nor any intention to commit murder of his friend and nor committed any aforesaid offence as alleged by the prosecution against him. The applicant is in jail since 07.09.2024. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 7. 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. 4
8. I have heard learned counsel for the parties and perused the case diary. 9. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant- Ganesh Khunte involved in Crime No. 317/2024 under Section 109, 103(1) of BNS, 2023 at Police Station Sarsiwa, District- Sarangarh, Chhattisgarh, is rejected. 10.
However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 11. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima