Leda @ Leddaram Tirkey Vs State of Chhattisgarh

Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 02-08-2022 in connection with Crime No.232/2022 registered at P.S. - Lailunga, District Raigarh, Chhattisgarh for the offence under Section 302 of the IPC.

¶16

2 . The case of prosecution is that, on 01-08-2022 when deceased Erenius Tirki who is nephew of the applicant had gone to the house of the applicant, some altercation took place with respect to their property dispute and in the night the applicant gave repeated blow by axe on his head, even when he fell down on the ground blow was given by the applicant by which the deceased received injuries on his head and died on the spot. The incident was witnessed by Sukhanibai who is wife of the applicant. Merg intimation was reported and the applicant was arrested on 0208-2022 and after completion of the investigation charge sheet has been filed.

¶17

Digitally signed by MOHAMMAD AADIL KHAN

¶18

2

¶19

3 . Learned counsel for the applicant would submit that the deceased himself raised quarrel with the applicant with respect to the property dispute and when he tried to make assault upon the applicant he in his private defence gave blow to the deceased. The applicant is in jail since 02-08-2022. He is suffering from chronic kidney disease & liver Heamangioma and his treatment is going on at Central Jail Hospital Raipur. Till date the trial is pending and not in considerable progress. Therefore, the applicant may be released on bail.

¶20

4 . On the other hand, learned counsel for the State opposes and has submitted that on 01-08-2022 the applicant raised quarrel with the deceased with respect to the property dispute and he became enraged and took an axe and gave repeated blow on the head of the deceased. When he fell down on the ground he again assaulted him by the said axe. The wife of the applicant is the eye-witness to the incident and the incident is occurred inside the house of the applicant and number of injuries have been found on the body of the deceased. The treatment of the applicant is going on at Central Jail Hospital Raipur. Therefore, the applicants are not entitled for bail.

¶21

5 . I have heard learned counsel for the parties and perused the case diary.

¶22

6 . Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the facts that the wife of the applicant, namely, Sukhanibai is eye-witness to the incident, number of injuries have been found on the body of the deceased and the incident took place inside the house of the applicant, I am not inclined to release the applicant on bail.

¶23

Consequently, this application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail is rejected. However, considering the detention period of the applicant, the learned trial Court is directed to expedite the trial. A copy of this order be forwarded to the learned trial Court for information and necessary compliance.

¶24

Sd/-

¶25

(Ravindra Kumar Agrawal) Judge

¶26

Aadil

Leda @ Leddaram Tirkey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Leda @ Leddaram Tirkey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Jatin Dodeja Vs Rent Control Authority

Sonu Sahu Vs State of Chhattisgarh

Nuvoco Vistas Corporation Limited Vs the State of Chhattisgarh

Sanjay Singh Vs State of Chhattisgarh

Rajkumar Tekam Vs the State of Chhattisgarh

Devendra Rawat @ Raja Rawat Vs State of Chhattisgarh