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2025 DAILYLAW 8680 (CHH)

BHARTI @ UMA CHAUHAN v. STATE OF CHHATTISGARH

MCRC/1266/2025 · 2025-03-11

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:11978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1266 of 2025 • Bharti @ Uma Chauhan D/o Shri Ramlal Chauhan Aged About 19 Years R/o Lohrapara, Village Chiraipani, Patrapali, P.S. Kotra Road, Raigarh, Tahsil And District Raigarh, C.G. ... Applicant versus • State Of Chhattisgarh Through- Police Station Road, Raigarh, District Raigarh, C.G. ... Non-applicant For Applicant : Mr. Jitendra Gupta, Advocate For State : Mr. Jitendra Shrivastava, 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.259/2023, registered at PS – Kotra Road, District- Raigarh, C.G, for commission of offence punishable under Sections 302 of BNSS. The applicant has filed his first bail application under Section 439 of BNNS for granting bail before VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.29 11:26:01 +0530 2 this Hon’ble Court bearing MCRC No.2462 of 2024, which was dismissed as withdrawn vide order dated 01.05.2024. 2. Case of prosecution, in brief, is that on 26.05.2023 the complainant lodged a complaint before the concerned police station that the dead body of her brother Pritam Chauhan was found lying in a room of Chiraipani Middle School and on the basis of such complaint the merg was registered. 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 material witnesses have been examined before the learned trial Court and their deposition itself does not inspire confidence. He further submits that there are still many witnesses left for examined before the trial Court and also submits that applicant is in jail since 26.05.2023, conclusion of trial may take some time, hence, applicant may be released on bail. 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. 3 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