Kulbul Sahu Vs State of Chhattisgarh

The applicant has preferred the first bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of bail as he is in jail since 18.05.2024 in connection with Crime No. 169 of 2024 registered at Police Station- Nawagarh, District Bemetara (C.G.) for the offence punishable under Sections 302,201,34 of the IPC.

Digitally signed by SANTOSH SANTOSHKUMARSHARMA KUMARSHARMADate:2025.01.27 13:03:50 +0530

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This is the third bail application of the applicant, first bail application was dismissed as withdrawn with liberty to file afresh bail application, if exigency so arises in MCRC No. 6701 of 2024. The second bail application of the applicant was also dismissed as withdrawn with liberty to revive the same after some material witnesses are examined by the prosecution in MRCR No. 6946 of 2024 on 13.11.2024.

Case of the prosecution, in brief, is that dehati nalishi under Crime No. 02/2024 was registered under Section 303 of the IPC at the instance of constable Asharab Gandharv, who intimated the police Station Nawagarh that Sarpanch Ramsagar Sahu informed him on phone that a dead body of a woman was laying on his filed situated at Barbaspur. Thereafter, he reached near filed where Ramsagar Sahu, Rakesh Sahu and Laxman Nishad were standing and he saw that unknown person had killed Kamin Bai, aged about 65 years of his village by crushing her head through stone. On the basis of information, FIR was registered against unknown person and during course of investigation, on the memorandum statement of Rakesh Sahu, the appellant was arrested.

Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the case. He would further submit FIR was lodged against the unknown person and the applicant has been arrest on the memorandum of Rakesh who is coaccused in the instant case. He would further submit that till now 13 witnesses have been examined before the Court and none of them have supported the case of the prosecution. He would further submit

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that the applicant is in jail since 18.05.2024 more than 9 months have already been lapsed and would pray for releasing the applicant on bail.

On the other hand, counsel for the State opposed the bail application and would submit that the present applicant assured Rakesh Sahu that if he did not disclose the incident to anyone than he will gave him Rs. 50,000/- and would submit that there is prima-facie material collected by the prosecution against the applicant and would pray for rejection of the bail application.

Considering the fact that most of the material witnesses have already been examined by the prosecution, only I.O. is yet to be examined, as such it would not be justifiable for this Court to consider and allow the bail application of the applicant. Accordingly, the bail application of the applicant is rejected.

Sd/- (Narendra Kumar Vyas) Judge

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Santosh

Kulbul Sahu v. State of Chhattisgarh