1 2025:CGHC:11975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1072 of 2025 • Nikhil Kushwaha S/o Naresh Chandra Kushwaha Aged About 22 Years R/o Shanti Vihar Colony, Dangania, Ward No. 40, P.S- D.D. Nagar, Raipur, District- Raipur, C.G. ... Applicant versus • State Of Chhattisgarh Through- P.S-Panduka, District- Gariyabandh, C.G. ... Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate For State : Ms. Pragya Shrivastava, Dy.G.A Hon’ble Shri Justice Arvind Kumar Verma Order on Board 11/03/2025 1. This is Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.121/2022, registered at PS – Panduka, District- Gariyaband, C.G, for commission of offence punishable under Sections 302, 201, 34 of BNSS. The applicant has filed his first bail application under Section 439 of BNNS for granting bail VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.29 11:26:47 +0530 2 before this Hon’ble Court bearing MCRC No.8415 of 2023, which was dismissed as withdrawn vide order dated 09.01.2024. 2. Case of prosecution, in brief, is that informant Jagat Ram Kamar given information at Police Station Panduka that at Kusumpani Ghati one unknown dead body was lying in blanket and mattress and upon received the information it found that dead body of one unknown female was there and inquiry has been initiated and during investigation applicant in his memorandum statement disclosed that applicant committed the murder of deceased and thereafter along with co accused hide the dead body of deceased Tomeshwari at Kusumpani Ghat, so the report was lodged u/s 302, 201, 34 of I.P.C, and after that the applicant/accused has been arrested on 03.11.2022 and since he is in jail. 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. He further submits that the report has been lodged after the delay but no satisfactorily explanation has been given for that. He further submits that only on the basis of memorandum applicant has been roped in this case and further memorandum and seizure witnesses have not supported the case of prosecution and also submits that applicant is in jail since 03.11.2022, conclusion of trial may take some time, hence, applicant may be released on bail. 3 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime and submits that, looking to the overt act application may be reject. 5. Heard learned counsel for the parties and perused the records. 6. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, material available on record, seriousness of the offence and involvement of the applicant in aforesaid crime, I am not inclined to allow this bail application. 7. Accordingly, bail application is rejected. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavor to conclude the trial as expeditiously as possible, if there is no legal impediment. Certified copy as per rules. Sd/- (Arvind Kumar Verma) JUDGE vaishali