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2025 DAILYLAW 9067 (CHH)

LAXMAN YADAV v. STATE OF CHHATTISGARH

MCRC/1389/2025 · 2025-02-19

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:8707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1389 of 2025 1 - Laxman Yadav S/o Late Mohar Sai Yadav Aged About 21 Years Cast Ahir R/o Village Rajwaripara Chote Salhi Thihayi Para Chowk Bachara Pondi Police Station Baikunthpur District - Koriya (C.G.) 2 - Ashok Kumar Yadav Alias Pappu S/o Shivbhajan Yadav Aged About 25 Years Cast Ahir R/o Village Rajwaripara Chote Salhi Thihayi Para Chowk Bachara Pondi Police Station Baikunthpur District - Koriya (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Police Station Bikunthpur District - M.C.B. (C.G.) ... Respondent(s) For Applicants : Mr. Vivek Mishra, Advocate For Respondent(s) : Mrs. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 19/02/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has 2 been arrested in connection with Crime No. 362/2024, registered at Police Station Baikunthpur, District- M.C.B. (CG) for the offence punishable under Section 191(2), 191(3), 190, 115(2), 296, 351(3), 109(1) & 103(1) of BNS, 2023. 2. The prosecution story in brief, is that, there was a dispute concerning to land between the complainant party and accused party which was on going since last 7 years and on 20/7/2024 the accused persons namely Ram Yadav, Dashrat Yadav & Laxman Yadav (applicant herein) and all the accused persons with common intention, holding lathi, danda & Tangiya came near the pond behind the house of complainant party where the Mahesh Ram Yadav father of complainant Krishna Yadav was tying his buffalos, and the accused persons started quarrelling by using abusive language as to why the complainant's father is tying his buffalos over here, as they have claimed that place where he was tying the buffalos. On the same time the brother of the complainant, Rajdayal Yadav came there because of which the accused persons caught hold of his hand and arms and the accused Babulal inflicted Rajdayal Yadav with fatal blows from tangiya with intent to murder him, due to which he felt down on ground, in between Mahesh Ram Yadav came to save, so he was also assaulted from tangiya and complainant's sister was also assaulted with tangiya. Thereafter the injured were taken to primary health centre at Pondi from where they were referred to District Hospital Baikunthpur, where during the treatment the 3 injured Rajdayal Yadav had died. Hence the offence has been committed. 3. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 21.11.2024, charge sheet has been filed and conclusion of the trial will take some time. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that all the evidences are against the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant- Laxman Yadav involved in Crime No. 362/2024 under Section 191(2), 191(3), 190, 115(2), 296, 351(3), 109(1) & 103(1) of BNS, 2023 at Police Station- Baikunthpur, District- M.C.B., Chhattisgarh, is rejected. 8. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal 4 impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima