BAPPA GANGOLI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has preferred this first bail application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.04/2024 registered at Police Station - Pakhanjur, District - North Bastar Kanker, Chhattisgarh for the offences punishable under Ss. 302/34, 120-B and 201 of the Indian Penal Code, 1860 and under Ss. 25 and 27 of the Arms Act, 1959.

(2.) Case of prosecution is that, on 7/1/2024 at about 08:00 P.M., the applicant along with other co-accused persons has assaulted Aseem Rai and caused his murder. The incident was reported to the concerned police station based upon which, the aforementioned crime was registered and during course of investigation, the applicant was also arrested along with other co-accused persons.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that there is no connecting piece of evidence available in the charge-sheet to connect the present applicant in the aforementioned crime. Learned counsel for the applicant further submits that two other co- accused persons have been enlarged on bail by this Court in MCRC No. 3063 of 2025, vide order dtd. 9/5/2025. The case of the applicant is also on similar footing. He also contended that the applicant is in jail since 12/1/2024 thereby he has served about more than 1 year 4 months of pre-trial detention. There are 100 enlisted witnesses, out of which, only 10 witnesses have been examined till date. The witnesses examined have not supported the case of prosecution. Trial may take sometime. Hence, he may be enlarged on bail.