Sumit Nirmalkar Vs State of Chhattisgarh

This is the Third bail application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.641/2022 registered

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at Police Station Sakri District Bilaspur (C.G) for the offence punishable under Sections 302, 120-B, 201, 341, 34 of IPC.

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Prosecution case, in brief, is that the present applicant along with the other co-accused persons hatched a conspiracy to commit murder of Sanju Tripathi and in furtherance of the same, all the accused persons proceeded in different cars. The present applicant proceeded from the farm house of co- accused - Kapil Tripathi by driving a Scorpio Vehicle bearing No.CG10-AU 9953 and joined the other co-accused persons near Sakri Bypass Road and thereafter, the other co-accused persons shot at Sanju Tripathi and committed his murder. During investigation, the present applicant along with other co-accused were apprehended and their memorandum statements were recorded, in which, it was revealed that the present applicant was actively involved in the said conspiracy. From the memorandum statement of the applicant, one Samsung Mobile, 2 SIM cards and one credit card have been recovered.

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Learned counsel for the present applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. Learned counsel would further submit that co-accused namely Kedar Singh, vide order dated 03.01.2025, has already been granted bail by Hon’ble Supreme Court in Criminal Appeal No.67 of 2025{Special Leave Petition (criminal) No.14739/2024}. He would further submit that present applicant is behind the bars since 19.12.2022 and conclusion of trial is likely to take considerable time. Considering the backdrop, present applicant may be enlarged on bail.

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Learned State counsel would oppose the bail application and would submit that earlier bail applications of the present applicant have already been

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rejected on merits vide order dated 25.07.2023, 08.05.2024 passed in MCRC No.3606 of 2023, MCRC No.2794 of 2024 respectively. He would further submit that trial is in progress and case of the present applicant is different from that of accused Kedar Singh who has been granted bail. In view of the backdrop, this is not a fit case for grant of bail to the present applicant.

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Having considered the submission, particularly the fact that earlier bail applications of the present applicant have already been rejected on merits by this Court, the trial is in progress, case of the present applicant is not identical to that of co-accused Kedar Singh, I am of the opinion that no case is made out for grant of bail only on the ground of pre-trial detention when there is charge of grave offence.

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Accordingly, this Bail application is rejected.

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SD/-

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(Deepak Kumar Tiwari)

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Judge

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Avinash

Sumit Nirmalkar v. State of Chhattisgarh

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Sumit Nirmalkar v. State of Chhattisgarh

Case brief

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