Chattisgarh High Court
Lalit Yadav vs State Of Chhattisgarh on 26 March, 2025
1
2025:CGHC:14501
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2391 of 2025
1 - Lalit Yadav S/o Shri Brijlal Yadav Aged About 42 Years R/o Village- Kharri, Thana
And Tahsil- Kasdol, Distt.- Balodabazar-Bhatapara (C.G.)
... Applicant
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station-
Pachpedi, Distt.- Bilaspur (C.G.)
---- Respondent
(Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Rajendra Patel, Advocate For State-Respondent : Ms. Pragya Shrivastava, Dy. G.A. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 26/03/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 04/11/2024 in connection with Crime No. 394/2024, registered at Police Station Pachpedi, District Bilaspur, C.G. for the offence punishable under Sections 140, 103(1), 61(2), 3 (5) of Digitally signed by VASANT VASANT KUMAR KUMAR Date:
2025.03.27 10:41:38 +0530 2 BNS.
2. Prosecution case in brief is that on 03.11.2024 a merg No. 86/2024 is registered at Police Station Pachpedi regarding the death of unknown person so the police has made the search and death body was identified as Teekaram Kewat S/o. Parasram Kewat, aged about 25 years, the injury was found in his body so the inquiry is made and in the inquiry it is revealed that there is affair of the deceased with one Geeta yadav of his village and the parents of Geeta have sent her to the house of Bhagwat Yadav where the Teekaram and his friend Deepak came to meet that girl so the co accused Bhagwat call the applicant and others and beaten them by hand and fist and committed murder thrown the death body in the chilhati forest so the FIR has been registered against the applicant and others and they were arrested and after completing the investigation charge-sheet is filed.
3. Learned counsel for the applicant contended that the Applicant had not committed any offence he has been falsely implicated by the co- accused Bhagwat Yadav in the present case. If the memorandum statement of the co-accused person as well as the memorandum of applicant is considered the applicant has not committed the offence of murder he was implicated in the case because the vehicle which used for commission of the offence was purchase by the applicant from one Pitesh Sahu. He further contended that the instigation has been completed and charge sheet is filed prosecution agency has not collected any direct or indirect material against the present applicant 3 except the memorandum statement of the co-accused though the memorandum of co accused can not be legally used against the applicant. If the material collected by the prosecution and submitted with chargesheet is considered as it is then the offence under section 103 of BNS is not made out against the Applicant and there is no evidence of criminal conspiracy therefore the offence u/s 61(2) of BNS is also not made out. It is further contended that in the present case, charge sheet has been filed and the applicant is in jail since 04.11.2024 and the trial will take considerable time for its conclusion, therefore the applicant may be released on bail.
4. Learned State Counsel opposes the submissions made by learned counsel for the applicant.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that during the investigation of the case number 86/24 registered in Pachpedi police station, District Bilaspur, the statement of the heirs and panchanas of the deceased Tikaram Kewat was taken and the proceedings of the body panchnama were done and during the investigation it was found that the deceased Tikaram alias Luthra Kewat was in a love relationship with the daughter of Sukhiram Yadav of the village for 2-3 years, due to which the family of the said girl, to keep the said girl away from the deceased, sent their relative Bhagwat 4 Yadav resident of village Dighora police station Mulmula district Janjgir Champa, then the deceased on 02-11-2024 went to village Dighora with his friend Deepak Verma in motor cycle Glamour number CG 04 HN 9264, where co-accused Bhagwat Yadav saw the deceased and his friend Deepak Verma, after which he called them and took them to his house and kept them sitting in his house for two hours and criminal By hatching a conspiracy, he called the girl's father Sukhiram Yadav and other relatives to his house. Then Sukhiram Yadav along with his sons Bhojram Yadav, Gauri Shankar Yadav and his relatives Lalit Yadav, Rahul Yadav left for Bhagwat Geeta in Lalit Yadav's four wheeler Toofan at night. They reached Yadav's house and told them that they had reached here while following the girl, they thrashed them, tied their hands and took them to Chilhati forest in the same Toofan vehicle where deceased Tikaram tried to get down from the vehicle and run away but all of them ran after him and caught him and killed him by beating him on head, face and body with hands, fists and sticks and by strangulating and dragging him with a nylon rope. In the meantime Deepak Verma took the opportunity and ran away from there and all the accused snatched away his mobile phone. Keeping in view the gravity of the allegation and the facts available at this stage in the case, it does not seem appropriate to grant bail to the applicant/accused, this Court is of the opinion that in view of the serious nature of the crime, it does not seem appropriate to grant bail to the applicant/accused, hence, it is not a fit case to enlarge the applicant on regular bail.
7. Considering the entire facts & circumstances of the case and also 5 considering the role played by the present applicant as the criminal conspiracy to commit the murder of the deceased has been established against the applicant, I am not inclined to release the applicant on bail.
8. 7. Accordingly, the bail application is rejected.
Sd/-
(Arvind Kumar Verma) Judge Vasant