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2025 DAILYLAW 6176 (CHH)

RAJU KASHYAP @ RAMKISHUN KASHYAP v. STATE OF CHHATTISGARH

MCRC/998/2025 · 2025-02-07

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:7151 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 998 of 2025 Raju Kashyap @ Ramkishun Kashyap S/o Shri Anandram Kashyap Aged About 21 Years R/o Ward No. 04, Bhathapara, Village Pendri, Police Station Janjgir, District Janjgir-Champa Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Janjgir, District Janjgir-Champa Chhattisgarh --- Respondent For Applicant : Mr. Pushpendra Ku. Patel, Advocate For Respondent/State : Mr. GL Uike, PL For Objector : Mr. Aditya Khare, Advocate. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 07/02/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicants, who has been arrested in connection with Crime No.810/2024, registered at PS - Janjgir, District Janjgir-Champa, Chhattisgarh, for commission of offence punishable under Sections 296, 351(2), 115(2), 109, 103(1), 3(5) of BNS. 2. Case of prosecution, in brief, is that on 21.10.2024 complainant (brother of deceased) has lodged report before the concerned police station mentioning therein that present applicant alongwith other co-accused persons have assaulted his brother (Ramnath Kashyap) by means of wooden stick, when he (complainant) tried to intervene, the accused persons have also assaulted him. Due to assault by wooden stick, Ramnath Kashyap suffered grievous injuries on his head and died during 2 treatment. Based upon report, FIR was registered against the applicant and other co-accused persons and they were arrested. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is no specific material available to connect the present applicant in the alleged crime/offence. Prosecution case is solely based upon the oral statement. There is no any other criminal antecedents against the applicants. Applicant are in jail since 22.10.2024, conclusion of trial may take some time, hence, applicants may be released on bail. 4. Learned State Counsel as well as learned counsel for the objector opposing the bail application and submit that there is specific allegation against the applicant of committing aforesaid offence/crime, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, statements of prosecution witnesses, further considering that due to assault by wooden stick, Ramnath Kashyap (deceased) suffered grievous injuries on his head and died and alleged wooden stick has been seized during investigation, I am not inclined to allow this bail application. 7. Accordingly, bail application is hereby rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.