NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3145 of 2024
Ajay Kumar Banjare S/o Late Manikpuri Banjare Aged About 32 Years
R/o Minimata Nagar, Talapara, Police Station Civil Line, District- Bilaspur,
Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Civil
Line, District- Bilaspur, Chhattisgarh.
---- Respondent
(Cause title is taken from the CIS)
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For Applicant : Shri Vitendra Pathak, Advocate
For Respondent/State : Shri Jitendra Shrivastava, GA
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Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
26.06.2024
1. Heard on the application filed under Section 439 of the CrPC. This is the
first bail application before this Court filed by the applicant for grant of regular
bail.
2. The applicant has been arrested on 15.05.2022 in connection with Crime
No.515 of 2022, registered at PS-Civil Line, District-Bilaspur, Chhattisgarh for
the offence punishable under Section 302 of the IPC.
3. Case of the prosecution, in brief, is that on 14.05.2022, complainant-
Kumari @ Devki Tandon lodged merg intimation to the Police that her mother
was residing with the applicant; on 13.05.2022, at about 8 am, she had a talk
with her mother and on the next day in the morning, her husband informed her
that her mother-Binda Bai has died at about 8 pm. It is also informed by the
complainant that the applicant regularly teasing her mother and demanding
money from her. During investigation, applicant was arrested.
Mcrc 3145 of 2024
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4. Learned counsel for the applicant would submit that there is no
eyewitness to the incident that the applicant has assaulted the deceased. Out
of total 33 witnesses, 18 witnesses have already been witnesses and none of
them has supported the prosecution case. Applicant is in jail since 15.05.2022,
and in view of lengthy trial of the case, he may be released on regular bail.
5. On the other hand, learned State counsel opposes the bail application
and would submit that deceased also is mother of the applicant, both of them
were residing together and in the night of 13.05.2022, she died in un-natural
circumstances, having injuries on her body. There is evidence of the
neighbourers which reflect that deceased informed them that the applicant was
demanding money from her, and she is having threat to her life from the
applicant. Trial is in progress, therefore, applicant is not entitled for grant of
regular bail.
6. Heard learned counsel for the parties.
7. Considering the submissions of learned counsel for the parties, also
considering the fact that applicant and deceased were found to be staying
together in the same house, in which she died in un-natural circumstances,
having injuries on her body, and further that the trial is under progress, I am
not inclined to release the applicant on regular bail. However, learned trial
Court is directed to expedite the trial.
Certified copy as per rules.
Sd/-
(Ravindra Kumar Agrawal)
JUDGE
padma