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2025 DAILYLAW 9073 (CHH)

BASANT LAL SINGH v. STATE OF CHHATTISGARH

MCRC/1332/2025 · 2025-03-11

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:11979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1332 of 2025 1. Basant Lal Singh S/o Sukhraj Singh Aged About 40 Years Caste Gond, R/o Village Vishalpur, P.S. Chandni, Tahsil Vishalpur, District- Surajpur(C.G). 2. Rajbeer Singh S/o Basant Lal Aged About 19 Years Caste Gond, R/o Village Vishalpur, P.S. Chandni, Tahsil Vishalpur, District- Surajpur ( C.G. ). ... Applicants versus • State Of Chhattisgarh Through- Police Station Chandni, District- Surajpur ( C.G. ). ... Non-applicant For Applicants : Mr. H.P. Agrawal. Advocate For State : Ms. Sunita Manikpuri, P.L. 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 applicants, who have been arrested in connection with Crime No.27/2023, registered at PS – Chandni, District- Surajpur, C.G, for commission of offence punishable under VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.29 11:24:19 +0530 2 Sections 302, 294, 506, 323, 325, 147, 148 & 149 of BNSS. The applicants have filed their first bail application under Section 439 of BNNS for granting bail before this Hon’ble Court bearing MCRC No.7926 of 2023, which was dismissed as withdrawn vide order dated 02.01.2024. 2. Case of prosecution, in brief, is that on 26.03.23 at about 4.30 pm the complainant Rajendra Singh had brought Tractor from Guruji namely Rajman Pando for cultivating/cropping purpose and at that time his father Ram Govind Singh and mother Sunita Bai came and all of them went to agriculture field of Ramlal in tractor and the tractor stopped near the house of Harilal and was standing, in the meantime Ramlal, Basant Lal, Girdawal, Rajbeer, Jaibeer were crushing the Arhar Dal (pulse) on his agriculture field as they saw the tractor with Rajendra Singh. Ram Govind Singh and Sunita Bai. The accused Ramlal,Basant Lal, Girdawal, Rajbeer, Jaibeer have taken stick/Danda and started abusing filthy language and Ramlal and Girdawal told the complainant how can crush the agricultural land and they pull down from tractor and assaulted with stick/Danda on his head and back side of body. When his father Ramgovind and mother Sunita had saw the quarrel and got intervened therefore Ramlal had attacked upon father of complainant i.e. Ramgovind with the help of stick/Danda and Basantlal has also attacked to his mother Sunita with the help of stick. Due to quarrel in the agriculture field Girdawal had rushed to his house and took Baluwa and given to his father 3 Ramlal and Ramlal had attacked on the father of complainant Ram Govind with the help of Baluwa on the head. Aunty (Bua) Udasiya had came on the spot and she also intervened the quarrel, during intervene she try to caught Baluwa suddenly her finger of right hand has cut down, due to injury sustained by Ramlal with the help of Baluwa, the father of complainant Ram Govind had fell down thereafter Ramlal attacked with the help of bricks on head of Ram Govind thereafter Basant Lal, Girdawal, Rajbeer, Jaibeer have also again attacked with the help of stone on Ram Govind Singh thereafter Ram Govind Singh received grievous injury and died on the spot. On this written complaint the police has registered the F.I.R. vide Crime No.27/23 against the applicants. 3. Learned counsel for the applicant submits that applicants have been falsely implicated in this case, they have not committed any offence as alleged against them. He further submits that the material witnesses who injured or eyewitnesses in the incident from PW-1 to PW-11 and all the statements have not corroborated with each other and there are lot of omission and contradiction in the deposition. He also submits that the many proscution witnesses have become hostile and they not supporting the case of prosecution and also submits that applicant is in jail since 26.03.2023, 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 4 applicants 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 applicants 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