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2025 DAILYLAW 7815 (CHH)

SHIVCHARAN RAM v. STATE OF CHHATTISGARH

MCRC/1059/2025 · 2025-06-19

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:26424 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1059 of 2025 1 - Shivcharan Ram S/o Lakhan Ram Aged About 28 Years R/o Badkimhari Police Station Balrampur District - Balrampur - Ramanujganj (C.G.) --- Applicant versus 1 - State Of Chhattisgarh Through The Police Station Balrampur District- Balrampur - Ramanujganj (C.G.) --- Respondent MCRC No. 1880 of 2025 1 - Shilo S/o Madhna Aged About 50 Years R/o Badkimhari, Police Station Balrampur, District Balrampur Ramanujganj Chhattisgarh. 2 - Parishram Ram Cherwa S/o Sikhu Ramlakhan Ram Aged About 45 Years R/o Badkimhari Police Station Balrampur District Balrampur Ramanujganj Chhattisgarh. ---Applicants Versus 1 - State Of Chhattisgarh Through Police Station Kusmi, District Balrampur Ramanujganj Chhattisgarh. --- Respondent For Applicant (in MCRC No. 1059 of 2025) : Mr. Rohitashva Singh, Advocate For Applicant (in MCRC No. 1880 of 2025) : Mr. Navneet Kumar Yadav, Advocate For State : Mr. Neeraj Sharma, Dy. Advocate General Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 20.06.2025 1. These are second bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested on 30.05.2024 in connection with Crime No. 91/2024 registered at Police Station- Balrampur, District- Balrampur-Ramanujganj (C.G.) for the offence punishable BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.06.23 10:39:13 +0530 2 under Sections 302, 201, 304, 34 of IPC and Section 135 of Electricity Act. 2. The first bail applications of the applicants bearing MCRC No. 6166 of 2024 and MCRC No. 6229 of 2024 respectively have been dismissed as withdrawn by this Court vide order dated 17.10.2024. 3. Case of the prosecution in brief is that merg intimation No. 31/2024 was registered at Police Station Balrampur under Section 174 CrPC regarding suspicious death of one male and one female. As per the postmortem report, it has been alleged that the deceased were died due to electrocution. It is further case of the prosecution is that the dead body of the male was found one kilometer from Badkimhari Chowk near Balrampur- Ambikapur main road 100 metres near to main road and about 5 metres distance from the dead body of a girl was also found. It is reflected that unknown persons have murdered them. Accordingly, Crime No. 91/2024 was registered by Police Station- Balrampur against unknown persons for commission of offence under Sections 302, 201, 304 and 34 of the IPC. 4. It is case of the prosecution that the deceased were died due to electrocution and it has been alleged that applicants for the purpose of hunting of animals laid GI wire in the forest of Dumrakhi and hooked 11000 KV illegal electric line and when both the deceased came in contact with the electric line, they succumb to death. During investigation, the accused have been included in the crime in question and since 30.05.2024 they are in jail. 5. Learned counsel for the applicants would submit that the applicants have been falsely implicated in the case and they have no intention to kill them but to get protection from the wild animal they have stalled 3 the electrical wire in the fence which has caused death of the persons. They would further submit that the prosecution witnesses have not supported the case of the prosecution and would submit that out of 24 witnesses 19 witnesses have already been examined, the applicants are in jail since 30.05.2024 and the trial will take some time for its final disposal, therefore, the applicants may be enlarged on bail. 6. On the other hand, learned State counsel opposing the submission would submit that the applicants have intention to kill persons therefore, offence under Sections 302, 304 of the IPC has rightly been registered against them. He would further submit that the trial is on the verge of completion and would pray for rejection of the bail application. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the fact that the applicants are in jail since 30.05.2024 charge sheet has already been filed and the trial is in the verge of completion without commenting anything on merit of the case, I am inclined to extend the benefit of Section 483 of the B.N.S.S. to the applicants. 9. Accordingly, the applications are allowed and the applicants are directed to be released on bail on their furnishing a bond in the sum of Rs. 25,000/- each with one surety each for the like sum to the satisfaction of the concerned Court for their appearance before that Court as and when so directed. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Bhumika