1 2025:CGHC:8086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1343 of 2025 1 - Deepak Sahu @ Bhuru S/o Late Banmali Sahu Aged About 33 Years R/o Purani Basti Chhawani Police Station Jamul Bhilai Tehsil And District - Durg (C.G.) (Particular Of The Applicant Is Mentioned Correctly As Per Challan) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station Purani Bhilai District - Durg (C.G.) ... Respondent(s) For Applicant : Mr. Anmol Sharma, Advocate For State : Mr. Topilal Bareth, Panel Lawyer (Hon'ble Shri Deepak Kumar Tiwari, Judge) Order on Board 17/02/2025 1. Applicant has filed this second bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail. First bail application was rejected vide order dated 26.07.2023 in MCRC No. 3736 of 2023. Applicant is arrested in connection with Crime No. 448/2021 registered at Police Station – Purani Bhilai, District Durg (CG) for the offence punishable under Section 302, 120-B, 34 of the IPC and Sections 25 & 27 of the Arms Act. 2. Prosecution case, in brief, is that an FIR has been lodged on 16.11.2021 to the effect that some unknown persons have committed murder of deceased Suraj Banchod, Ward Member of Hadkul. There were various injuries present on the body of the deceased. During ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 investigation, the applicant and other co-accused persons were apprehended. In the memorandum statement, the present applicant categorically stated that he along with other co-accused persons, had planned to kill the deceased and in furtherance of the said common intention, the present applicant fired with a Desi Katta and co-accused Dinesh Paul inflicted injury by Katar on his neck. Co-accused Uttam Sona had inflicted injury by using Gupti on the right shoulder of the deceased. After committing the said crime, the accused persons fled away with the help of other co- accused Lokesh Sahu, who aided the accused persons in escaping from the scene of crime in his Scooty. On the memorandum statement of the applicant, Desi Katta, which was used in the aforesaid crime has also been recovered. Hence, the aforesaid offence has been registered. 3. Learned counsel for the applicant submits that the applicant is innocent. He has not committed the aforesaid crime and has been falsely implicated in the offence. He contended that applicant is not the main accused / aggressor. Co-accused persons, namely, Dinesh Paul and Uttam Sona have caused injuries to the deceased by means of Knife and Katar. Memorandum and seizure witnesses have already been examined and have not supported the case of prosecution. The other co-accused persons Lokesh Sahu and Mohan Ram have been enlarged on bail by the Coordinate Bench of this Court vide orders dated 19.4.2023 & 24.11.2022 passed in MCRC No.495/2023 and MCRC No.9182/2022 respectively. The applicant is in jail since 22.11.2021, trial is likely to take sometime for its conclusion, therefore, applicant may be enlarged on regular bail. 3 4. On the other hand learned counsel for the State would oppose the bail application and would submit that earlier bail application was dismissed on merits. Co-accused Lokesh Sahu, who has been granted bail, has only helped the main accused to escape from the scene of crime. He further contended that trial is in progress and appreciation of evidence is not required at this juncture. Present applicant has actively participated in the alleged commission of offence, hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the respective parties and also perused the documents enclosed along with this bail application. 6. Taking into consideration submissions made by learned counsel for the respective parties, role of present applicant in commission of alleged offence, I am not inclined to enlarge applicant on bail. Accordingly, the application is rejected. 7. At this stage, learned counsel for applicant submits that applicant is in jail since 22.11.2021, hence, he has completed about more than three years of pre-trial detention, therefore, trial Court may be directed to expedite the trial. 8. Considering submission made by learned counsel for applicant that applicant has completed about more than three years of pre-trial detention, the trial Court is directed to expedite the trial. Sd/- Sd/- (Deepak Kumar Tiwari) Saxena JUDGE