Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9836
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1602 of 2025 1 - Dilharan Kashyap S/o Jawahar Lal Kashyap Aged About 35 Years R/o Bhadra P.S. Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh
... Respondent(s) For Petitioner(s) : Ms. Shivali Dubey, Advocate appeared through V.C. For Respondent(s) : Mr. Aditya Tiwari, Panel Lawyer (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 27/02/2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 300/2024, registered at Police Station kasdol, District Balodabazar-Bhatapara, (C.G.) for the offence punishable under Sections 103(1), 238, 331(2), 332(A) of BNS. 2. The prosecution story in brief, is that the accused had an illicit relationship with the deceased, on 28.07.2024 the accused went to the deceased house and had a dispute with her. Due to the argument between them, the accused killed the deceased, with an axe. At the ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA
2 time the deceased daughter came out and the accused also killed her with same axe. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case and is arrested on the basis of memorandum. The present applicant was taken by the police on the next of the post-mortem. She further submits that the present applicant and deceased were in love relationship. She further submits that the applicant is in jail since 30.07.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the applicant and the deceased were in illicit relationship. On 28.07.2024 accused went to the deceased house and had a dispute with her due to the argument between them, the accused killed the deceased with an axe and when her daughter came out he also killed her with axe, Accordingly, he is not entitled for grant of bail. 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, and the fact that the accused had an illicit relationship with the deceased, the accused went to the deceased house and had a dispute with her due to the argument between them, the accused killed the deceased with an axe. When the deceased’s daughter came out, the accused also killed her with same axe so this is a double murder case of 2 ladies. Therefore, this Court is not inclined to enlarge the applicant on regular bail, accordingly, the bail application of applicant –
3 Dilharan Kashyap, involved in Crime No. 300/2024, registered at Police Station Kasdol, District Balodabazar-Bhatapara, (C.G.) for the offence punishable under Sections 103(1), 238, 331(2), 332(A) of BNS, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Arvind Kumar Verma)
JUDGE Saxena