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2026 DAILYLAW 7897 (CHH)

GOKUL SIDAR v. STATE OF CHHATTISGARH

MCRC/743/2026 · 2026-01-19

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:3432 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 743 of 2026 Gokul Sidar S/o Heeralal Sidar Aged About 38 Years R/o Village Sahajpali Police Station Baramkela, District- Sarangarh- Bilaigarh ( C.G.). ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station Baramkela, District- Sarangarh- Bilaigarh ( C.G. ). ... Respondent For Applicant : Mr. Vikram Pratap, Advocate For State/Respondent(s) : Ms. Supriya Upasane, G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 20/01/2026 1. This is the Second Bail Application of the applicant who is seeking regular bail in connection with crime No.132/2024 registered at Police Station Baramkela, District- Sarangarh- Bilaigarh ( C.G.). for the offence punishable under Sections 103(1), 61(2), 238, and 3(5) of BNS 2023 and Section 25 and 27 of Arms Act. The applicant in jail since 25.07.2024. ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.01.28 10:54:51 +0530 2 2. This is the second bail application of the applicant. The first bail application of the applicant has been dismissed on merits by this Court vide order dated 20.12.2024 passed in MCRC No. 8348/2024. 3. The case of the prosecution is that, on 23.07.2024 a dead body of the deceased Hari Ram Patel was found near Boirdipa turning at village Singarpur. Merg was intimated to the police and dead body was sent for its postmortem. During postmortem, number of injuries were found on the body of the deceased and the doctor has opined that cause of death is cardio pulmonary arrest due to hemorrhagic shock due to head injury and nature of death is homicidal. FIR has been registered against the unknown person. During investigation, one motorcycle having its broken mirror, carry bag, bloodstained and plain soil and sword like weapon have been seized from the spot. The present applicant and other co-accused persons were interrogated by the police and then they disclosed in their memorandum statement that they have committed murder of the deceased and thrown out his body and weapon of assault beside the road and burnt his cloths. From the present applicant, his motorcycle has been seized, call details of mobile phones of the applicant as well as deceased have been obtained, the seized articles were sent for its FSL examination and after completion of investigation charge sheet has been filed against the accused persons including the applicant. The applicant was arrested on 25.07.2024 and charge sheet has been filed against him also. 3 4. Learned counsel for the applicant would submits that after rejection of the first bail application, two witnesses have been examined before the learned Trial Court and they have not duly supported the prosecution’s case and from their evidence the prosecution's case itself is demolished. The applicant is in jail since 25.07.2024 and the trial of the case is not in considerable progress, therefore, the applicant may be enlarged on bail 5. On the other hand, learned counsel for the State opposes and have submitted that the first bail application of the applicant has been dismissed on merits and there is no change in circumstances, therefore, the applicant is not entitled for bail. 6. I have heard learned counsel for the parties and perused the material annexed with the bail application. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material available against the applicant in the charge-sheet, further consideration that the first bail application of the applicant has been dismissed on merits vide order dated 20.12.2024 and, thereafter, two witnesses have been examined, I am not inclined to admit the second bail application of the applicant as there appears to be no chance of circumstances. This Court cannot appreciate the evidence of the witnesses, at this stage while considering the bail application. Accordingly, the second bail application of the applicant is dismissed at the motion stage itself. 4 8. Considering the fact that the applicant is in jail since 25.07.2024, the learned Trial Court is directed to expedite the trial of the case. 9. A copy of the order be forwarded to learned Trial Court concerned. Sd/- (Ravindra Kumar Agrawal) Judge Arpan