BHARAT SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicants who have been arrested on 22/11/2024 in connection with Crime No. 201/2017, registered at Police Station Gourela, District Gourela, Pendra Marwahi, C.G. for the offence punishable under Ss. 302, 120B, 201 read with Sec. 34 of IPC.

(2.) The case of the prosecution in brief is that on 19/08/2017 informer Gulab Singh lodged a report alleging that on 19/08/2017 at about 8.00 PM the deceased Gopal Singh, who is his younger son, had gone towards the field along with his younger son Ansh. Thereafter, in the morning at about 7.00 AM Shobhnath Shyam and Jaipal Porte came to the house of the complainant and informed that the Gopal Singh has been murdered. Thereafter, he reached to the field, where it was shown that the deceased was lying on the cot and there was a injury caused by sharp edged weapon on the head of the deceased. The blood was lying below the cot. On the report of the complainant offence was registered and after the statement of the eye-witnesses, the applicants were arrested after seven years of the incident.

(3.) Learned counsel for the applicants would submit that the incident took place on 19/08/2017 and the statement of eye witnesses have been recorded on 20/11/2024 i.e. after 07 years of the incident. He would next contend that the age of the eye witness at the time of incident was three years and the statement was recorded when he attained the age of 10 years. He would next contend that the eye witness has stated that the deceased was murdered by way of Halberd (Farsa) but in the memorandum axe was mentioned. He would lastly contend that the applicants are in jail since 22/11/2024, therefore, they may be enlarged on bail.