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2025 DAILYLAW 7333 (CHH)

DEEPAK SAHU v. STATE OF CHHATTISGARH

MCRC/961/2025 · 2025-02-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:7401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 961 of 2025 1 - Deepak Sahu S/o Late Kushal Prasad Sahu Aged About 37 Years R/o Village Selar, P.S. Seepat, District Bilaspur, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Seepat, District Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant : Shri Gary Mukhopadhyay, Advocate For Respondent/State : Ms. Pragya Shrivastava. Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/02/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 220/2024 registered at police station Seepat, District Bilaspur (CG) for the offence punishable under Section 302 IPC. 2 2. Brief facts of the case are that on 30.04.2024, at about 7.00 pm, father of the applicant went in his scooty for watering the fields located at Baravan Khar at village Selar and thereafter he was found dead. During investigation, on suspicion the applicant was arrested. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there is no eyewitness to the incident and the prosecution witnesses PW-1,2 & 3 have turned hostile. He submits that there is no criminal antecedent against the applicant and that the seizure was made on the basis of memorandum statement of the applicant. He submits that the complainant himself has turned hostile. Lastly, he submits that the prosecution case is based on the circumstantial evidence and the applicant is in jail since 03.05.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that the seizure of blood stained gamchha and knife-weapon of offence was made on the memorandum of the applicant however, the FSL report is awaited. 6. Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and the fact that the applicant is in jail since 03.05.2024, the charge sheet has been filed and looking to the fact that the prosecution witnesses as well as the complainant himself has turned hostile and that the final disposal of the 3 trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.02.13 18:47:09 +0530