Amirchand Vishwakarma Vs State of Chhattisgarh

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Digitally signed by SOURABH SOURABH PATEL PATEL Date: 2026.01.09 15:24:45 +0530

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2026:CGHC:1386

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 167 of 2026

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1 - Amirchand Vishwakarma S/o Bahadur, Aged About 28 Years, Caste Lohar, R/o Village Devgarh, P.S. Sitapur, District Surguja (C.G.) Present Address- Devnagar P.S. And District Surajpur C.G.

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... Applicant

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versus

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1 - State Of Chhattisgarh Through Station House Officer, Police Station Surajpur, District Surajpur (C.G.).

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... Respondent

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For Applicant : Mr. Shakti Raj Sinha, Advocate For Respondent : Mr. Jitendra Shrivastava, G.A. with Mr. Rishi Raj Pithwa, Dy.G.A.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board

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09.01.2026

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1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.07/2025 registered at Police Station Surajpur, District Surajpur (CG) for the offence punishable under Sections 296b, 351(3), 115(2), 109(1), 103(1), 191(2) & 191(3) of BNS.

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2

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2. As per the prosecution case, on 01.01.2025, the applicant along with other co-accused, is alleged to have assaulted deceased Vijay Pratap Singh by hands, fists and sticks as a result of which he sustained grievous injuries and died during treatment in the hospital. On report being lodged in this regard, offence under the aforesaid sections have been registered against the applicant.

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3. Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in this case as the deceased fell from his motorcycle in an inebriated state and sustained grievous injuries which led to his death. He further submits that the name of the applicant is neither mentioned in the FIR and nor any seizure was made from him. The applicant is in jail since 17.03.2025 and the trial has not yet commenced, there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail.

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4. Learned State counsel, on the other hand, opposing the bail application and submits that there are five eye-witnesses to the incident, namely Ramkripal, Kunjbihar, Sunil and Bhupendra Kushwaha. He submits that it is clear from Kunjbihari’s statement that the applicant is involved in the incident and is the son-in-law of Babulal, who was also involved. The applicant, along with co-accused, assaulted the deceased, leading to his death. Although the charge-

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3

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sheet has been filed. He further submits that the bail applications of similarly placed accused Ajay Prajapati and Manoj Singh were rejected by this Court in MCRC Nos. 3681/2025 on 10.06.2025 and 5017/2025 on 21.07.2025 respectively. Therefore, this bail application of the present applicant may also be rejected.

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5. Heard learned counsel for the parties and perused the case diary.

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6. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence, the material collected and available on record against the applicant and the fact that the trial has not yet commenced, I do not find it appropriate to release the applicant on bail at this stage.

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7. Accordingly, the present bail application is rejected .

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8. However, considering the fact that the applicant is in jail since 17.03.2025 about more than 09 months. It is an exceptional case, therefore, concerned trial Court is directed to expedite the trial as early as possible.

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9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-

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( Sanjay Kumar Jaiswal) JUDGE

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Sourabh P.

Amirchand Vishwakarma v. State of Chhattisgarh

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Amirchand Vishwakarma v. State of Chhattisgarh

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