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2026 DAILYLAW 2140 (CHH)

BOMAN NETAM v. STATE OF CHHATTISGARH

MCRC/566/2026 · 2026-01-27

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 566 of 2026 Boman Netam S/o Late Ayaturam Netam Aged About 70 Years R/o Dongaripara, Turushmeta, Police Station Chhotedongar, District Narayanpur C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Chhotedongar, District Narayanpur C.G. ... Respondent For Applicant : Mr. Gaurav Singhal, Advocate For Respondent : Mr. Akash Agrawal, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 28.01.2026 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.16/2025 registered at Police Station Chhotedongar, District Narayanpur (CG) for offence punishable under Section 103(1) of BNS. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.01.29 11:08:26 +0530 2 2. As per the prosecution case, the allegation against the applicant is that on 12.04.2025 at around 11:00 p.m., he committed murder of his son Dulsai by assaulting him with an axe (Kulhadi). Subsequently, on report being lodged in this regard, the applicant was arrested on 14.04.2025. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that there is no eye witness to the incident and the applicant has been arrested only on the basis of suspicion. He submits that out of total 20 prosecution witnesses, only 5 have been examined so far and they have not supported the case of prosecution. He further submits that the applicant is aged about 70 years, he is in jail since 14.04.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts, the applicant may be released on bail. 4. Learned State counsel, on the other hand, opposing the bail application submits that the incident took place in the house of applicant, the FSL report is positive, pursuant to the memorandum statement of the applicant seizure was made and applicant’s wife saw him just after the incident. Therefore, considering the nature of offence, the applicant does not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record, this Court is not inclined to release the applicant on bail. 7. Accordingly, the present bail application stands rejected. 8. However, the trial Court is directed to expedite the trial and to ensure that the trial is concluded as early as possible. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai