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2025 DAILYLAW 9756 (CHH)

RAJESHWAR RAM v. STATE OF CHHATTISGARH

MCRC/1470/2025 · 2025-02-20

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:8871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1470 of 2025 Rajeshwar Ram S/o Vishram Ram Bhagat, aged about 36 years R/o Harradipa, Police Station & District Jashpur (C.G.) ... Applicant Versus State of Chhattisgarh through Station House Officer, Police Station- Jashpur, District- Jashpur (C.G.) ... Respondent (Cause title has been taken from Case Information System) For Applicant : Mr. Jitendra Kumar Saxena, Advocate. For State : Ms. Sunita Manikpuri, Dy. G.A. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 20/02/2025 1. Heard. 2. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 70/2024 registered at Police Station Jashpur, District Jashpur (C.G.), for the 2 offence punishable under Section 302 of the IPC. 3. Case of the prosecution, in brief is that, on 19.03.2024 a merg was given by Neelmani Bhagat at Police Station, Jashpur to the effect that the applicant has assaulted with the husband of the complainant namely Leelamber Bhagat with the help of club on 17.03.2024, due to which, Leelambar Bhagat received head injuries and he was admitted in Hospital for treatment and during course of treatment, Leelambar Bhagat died on 18.03.2024 at about 10.30 pm at Community Health Centre, Duldula. On the basis of said intimation, the offence under Section 302 of IPC has been registered against the applicant and upon completion of investigation, the charge sheet was filed before the court below and the applicant has been arrested. 4. Learned counsel for the applicant contended that, the applicant is innocent and he has no connection with the alleged crime whatsoever. The allegations leveled by the prosecution are baseless and without any nexus. If the applicant will be released on bail by this Hon'ble Court, he will never misuse the same. He further contended that, the incident took place in a sudden provocation and the applicant had no intention to kill the deceased. The applicant is in jail since 20/03/2024 and the trial will take considerable time for its conclusion, therefore the applicant may be released on bail. 3 5. Learned State Counsel opposes the submissions made by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that the applicant is accused of inflicting injury upon the deceased Leelamber by club, due to which he fell down and was admitted in District Hospital, Jashpur, where he was referred to Ambikapur Hospital, but looking to the condition of deceased, his family members admitted him in C.H.C Duldula, where he died on 10.03.2024 at about 10.30 pm. Before the learned trial Court, the prosecution has examined as many as 07 witnesses to bring home the guilt of offence. In view of its seriousness, gravity and nature of offence and after considering other circumstances, it does not seem appropriate to grant bail to this applicant/accused. Looking to the nature and seriousness of the case, this Court is of the opinion that is not a fit case to enlarge the applicant on bail. 8. Accordingly, the bail application of the applicant- Rajeshwar Ram filed under Section 483 of the BNSS, involved in Crime No.70/2024 registered at Police Station Jashpur, District 4 Jashpur (C.G.), for the offence punishable under Section 302 of the IPC , is rejected. 9. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Uttej