Rameshwar Suryavanshi Vs State of Chhattisgarh

Heard on the application filed under Section 483 of B.N.S.S. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 20.06.2024 in connection with Crime No. 303/2024 registered at P.S. Seepat, Dist- Bilaspur (CG) for the offence under Sections 307/34 of IPC. After the death of the deceased Manohar Suryavanshi, the charge-sheet has been filed for the offence under Section 302/34 of IPC.

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As per the prosecution’s case, on 20.06.2024, at about 6.30 am, the accused persons caused injuries to the deceased Manohar in the field by which he went in unconsciousness and when he was taken to hospital, he died during the treatment. It is alleged that due to property dispute, the present applicant and co-accused Naval Kishore given blows by Lathi and Axe on the head of the deceased. The incident was witnessed by wife of the deceased Namely Jhul Bai and other witness Vaibhav Suryavanshi. The applicant has been arrested and charge sheet has been filed.

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Learned counsel for the applicant would submit that the memorandum and seizure witnesses of the weapons from the accused persons have been turned hostile and not supported the prosecution’s case. The so called eye witnesses are family members of the deceased, who are the interested witnesses. The old property dispute was going on between the parties for which the applicants are falsely implicated in the offfence. The incident was occurred in the heat of passion. The co-accused Naval Kishore has been granted bail by this Court vide order dated 29.04.2025 passed in MCRC No. 2985/2025 and the case of the present applicant is similar to the case of co-accused Naval Kishore. The final adjudication will take its own time, therefore, the present applicant may be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application and submitted that the present case is based on eye witnesses namely Jhul Bai and Vaibhav Suryavanshi. The allegation against the present applicant is that he caused injuries to the deceased by Axe by which he received grievous injuries and ultimately died. There was a motive that is land dispute between the parties. The co-accused Naval Kishore was granted bail on the ground of his age and also that no lathi

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injuries have been found on the body of the deceased, therefore, the case of co-accused Naval Kishore is different than the case of the present applicant. He would further submit that the trial of the case is also started and 3 witnesses are being examined before the learned trial Court, therefore, the applicant is not entitled for bail.

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I have heard learned counsel for the parties and perused the case diary as well as the material annexed with the bail application.

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Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the statement of eye witnesses Jhul Bai and Vaibhav Suryavanshi, the nature of injuries found on the body of the deceased, seizure of axe from the present applicant, existing land dispute between the parties and also the fact that the trial of the case has already been started, and further considering that the co-accused Naval Kishore is granted bail on the ground of his age, I am not inclined to release the present applicant on bail.

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Consequently, this application filed by the applicant Rameshwar Suryavanshi under Section 483 of B.N.S.S. for grant of regular bail is hereby rejected.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Sagrika

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Digitally signed SAGRIKA by SAGRIKAAGRAWAL AGRAWAL Date:2025.11.25 17:34:34 +0530

Rameshwar Suryavanshi v. State of Chhattisgarh

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Rameshwar Suryavanshi v. State of Chhattisgarh

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