Ku. Belmati Seth Vs State of Chhattisgarh

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2025:CGHC:1492

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 101 of 2025

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1 - Ku. Belmati Seth D/o Shri Sudershan Seth Aged About 22 Years R/o Village- Toresinha, Thana And Tahsil Saraypali, District- Mahasamund Chhattisgarh

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... Applicant(s)

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versus

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1 - State Of Chhattisgarh Through, Station House Officer, Police Station Pithoura, District- Mahasamund Chhattisgarh

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... Respondent(s)

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For Applicant (s) : Shri Sumit Shrivastava, Advocate. For the State : Ms. Pragya Shrivastava, Dy. Govt. Advocate.

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Hon’ble Shri Justice Arvind Kumar Verma

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Order on Board

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09/01/2025

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NARESHKUMARKAMDE Digitally signedby NARESHKUMAR KAMDEDate:2025.01.1410:59:55 +0530

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The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.190/2024 registered at Police Station Pithoura, District Mahasamund (C.G.) for the offence punishable under Sections 103 (1), 3(5) of BNS, 2023.

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The case of the prosecution is that a merg No. 41/2024 is registered on the basis of the intimation given by Johan devdas regarding death of

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2

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Kamlakar Meshram and during search a slip of Raj Fuels Mahasamund was found in his pocket so the CCTV footage were seen and the same was matched from the CCTV footage and in the toll plaza deceased were seen with the applicant and another accused the wife of deceased identified the dead body and during search Car of deceased was recovered in which the applicant/Ku. Belmati Seth @ Baby was arrested from the Mathura city of Uttar- Pradesh her memorandum statement is recorded in which she stated about the commission of offence by the co-accused therefore the applicant and co-accused were arrested on the aforementioned Sections.

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Learned counsel for the applicant submits that investigation is complete, charge-sheet has been filed, the prosecution has not collected any direct or indirect material evidence against the applicant except the memorandum of the applicant, no previous criminal antecedent against the applicant, she is in jail since 17/09/2024, hence he prays for release on bail to the applicant.

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Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that Aadhar card and pass-book of the deceased has been seized from the applicant, hence, she is not entitled for grant of bail.

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Heard learned counsel for both the parties.

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Considering the entire facts and circumstances of the case, the gravity of the offence registered against the applicant and on the basis of the memorandum statement of the applicant Aadhar card and Passbook of the deceased was recovered, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.

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