Prem Yadav Vs State of Chhattisgarh

This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 07.11.2024 in connection with Crime No.386/2024 , registered at Police Station- D.D. Nagar, District- Raipur (C.G.) for the offence punishable under Section 103(1), 190, 190(2)(3), 61(2) of BNSS, 2023 and Sections 25 & 27 of Arms Act.

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Case of prosecution, in brief, is that on 05.10.2024, the complainant Shankar was going to sleep in his house, then Sonu Yadav and Raghuveer Raghuvanshi told him that at about 10:00 pm his nephew

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Abhay Netam has been assaulted by the applicant and other co-accused persons by fists, clubs and knife, due to which, Abhay Netam received grievous injuries on his head, back, waist, thigh and stomach. He was taken to the AIIMS for treatment where the doctor declared him dead. Based upon report lodged by complainant, FIR was registered against the applicant and he has been arrested in the aforementioned crime/offence.

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Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against them. Name of applicant is not mentioned in the FIR and there is no evidence/material available to connect this applicant in the aforementioned crime/offence. One co-accused has already been granted bail by this Court vide order dated 07.03.2025 in MCRC No.1883/2025. Material witnesses have turned hostile and they have not supported the case of prosecution. Applicant is in jail since 07.11.2024, charge sheet has been filed, conclusion of trial may take some time, hence, they may be released on bail.

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Learned counsel for the State opposes the submission made by learned counsel for the applicant and would submit that there is specific allegation against the applicant of committing the aforesaid offence/crime, hence, he is not entitled for grant of bail.

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Heard learned counsel for the parties.

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Considering facts of the case, nature of allegations, submission of learned counsel for the parties, the fact that material witnesses have turned hostile and they have not supported the case of prosecution, coaccused has already been granted bail by this Court vide order dated 07.03.2025 in MCRC No.1883/2025, further considering that there is no

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evidence/material which shows that applicant has made any attempt to tamper with the prosecution witnesses, applicant is not having any previous criminal antecedent, period of detention of applicant i.e, since 07.11.2024, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that-

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a) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

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b) applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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c) applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial.

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Certified copy as per rules.

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Sd/- (Arvind Kumar Verma) Judge

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J.

Prem Yadav v. State of Chhattisgarh

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Prem Yadav v. State of Chhattisgarh

Case brief

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