Prakash Rajak @ Lala Vs State of Chhattisgarh

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2025:CGHC:1182

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7608 of 2024

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Prakash Rajak @ Lala S/o Late Puranlal Aged About 35 Years R/o Ward No. 14, Lanhgir Mohalla, Manendragarh, Police Station And Tahsil Manendragarh, District Manendragarh, Chirmiri Bharatpur M.C.B. Chhattisgarh.

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--- Applicant

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versus

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State of Chhattisgarh Through Station House Officer Police Station Manendragarh, District Manendragarh, Chirmiri, Bharatpur M.C.B. Chhattisgarh.

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--- Respondent

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MCRC No. 8208 of 2024

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Mulayam Singh Yadav @ Chakku S/o Late Golaram Yadav Aged About 31 Years.

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Nikhil Yadav S/o Shri Nand Lal Yadav Aged About 19. Both Caste :Yadav R/o Ward No. 14, Manendragarh Thana And Tehsil Manendragarh District M.C.B. (Manendragarh-Chirmiri-Bharatpur) Chhattisgarh.

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---Applicant

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Versus

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State of Chhattisgarh Through Police Station - Manendragarh District M.C.B. (Manendragarh-Chirmiri-Bharatpur) Chhattisgarh.

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--- Respondent

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For Applicants : Mr. Akhtar Hussain & Mr. Shivam Agrawal, Advocates For Respondent/State : Ms. Pragya Shrivastava, Dy. GA.

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Hon'ble Shri Justice Arvind Kumar Verma

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Order on Board

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07/01/2025

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As above two bail applications arise out of same crime number, hence

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they are being disposed off by this common order.

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2

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These are the first bail applications filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicants, who have been arrested in connection with Crime No.243/2024, registered at Police Station : Manendragarh, District M.C.B. (Manendragarh-Chirmiri-Bharatpur), Chhattisgarh, for commission of offence punishable under Section 191(2), 191(3), 190, 103(1) of the BNS.

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Case of the prosecution in brief is that presents applicants alongwith other co-accused persons have assaulted the deceased (Piyush Jasuja) by means of means of hands, fist and knife, due to which, he sustained grievous injuries and died. Based upon report lodge by uncle of the deceased, FIR was registered against the applicants and they have been arrested in the aforementioned crime/offence.

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Learned counsels for the applicants submits that applicants have been falsely implicated in this case, they have not committed any offence as alleged against them. Eye-witnesses (Faizal Khan & Shubham Tiwari) in their statements have stated that present applicants have assaulted the deceased only by means of hands and fists and it was main accused (Montu Yadav), who assaulted the deceased by means of knife. On the basis of the statements of the interested witnesses, present applicants have been made accused in this case. There is no any other previous criminal antecedents against the applicants, they are in jail since 15.07.2024 & 07.08.2024 respectively. 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 applicants and would submit that serious allegations have been levelled against the present applicants, hence, they are not entitled for grant of bail. However on putting specific query with regard to any

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3

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criminal antecedent against applicants, she after going through case diary submits that there are 02 previous criminal antecedent against applicant/Mulayam Singh, 01 against applicant/Nikhil Yadav and 13 against the applicant/Prakash Rajak.

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Heard learned counsel for the parties.

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As per post-mortem report, cause of death of deceased is ‘hemorrhagic shock due to puncture of left ventricle of heart’ as a result of stab injury.

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Considering facts of the case, nature of allegations, submission of learned counsel for the parties, statements of prosecution witnesses, further the post-mortem report and stab injuries sustained by the deceased, I am not inclined to allow these bail applications.

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Accordingly, bail applications are hereby rejected.

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Certified copy as per rules.

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Sd/- (Arvind Kumar Verma) Judge

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J.

Prakash Rajak @ Lala v. State of Chhattisgarh

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Prakash Rajak @ Lala v. State of Chhattisgarh

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