Shani Kol vs State Of Chhattisgarh on 9 June, 2025

Chattisgarh High Court

Shani Kol vs State Of Chhattisgarh on 9 June, 2025

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                                Digitally signed by
                                SHUBHAM SINGH
                                RAGHUVANSHI
                                Date: 2025.06.10
                                13:57:40 +0530


                                                         2025:CGHC:22755
                                                                        NAFR

             HIGH COURT OF CHHATTISGARH AT BILASPUR


                              MCRC No. 4118 of 2025


Shani Kol S/o Gendlal Kol Aged About 24 Years R/o Saktibahara, Chowki
Belgahana P.S. Kota District- Bilaspur (C.G.)
                                                                 ... Applicant
                                        versus
State Of Chhattisgarh Through Station House Officer Police Station Kota,
District - Bilaspur (C.G.)
                                                               ... Respondent(s)

For Applicant : Mr. Syed A.H. Rizvi, Advocate on behalf of Mr.
LK Sahu, Advocate
For Respondent : Ms. Sunita Manikpuri, Dy. G.A.

Hon’ble Shri Justice Sanjay Kumar Jaiswal
Order On Board
09/06/2025

1. The applicant has preferred this 1st bail application under Section 483
of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail
as he is arrested in connection with crime No. 1025/2023, registered at
Police Station – Kota, District- Bilaspur (C.G.) for offence punishable
under Sections 307 & 302 of the IPC.

2. As per prosecution story, on 13.11.2023 when the complainant was in
his house at about 8.00 p.m. his neighbor has informed that the
applicant is assaulting his mother Suman (deceased) by stick and
Suman became unconscious at her home. Based on above, incident
was reported in the concerned police station and crime was registered
against the present applicant for offence under Sections 307 of the
2

Indian Penal Code and after death of Suman, the offence under section
302 of the Indian Penal Code has been included in FIR.

3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the crime in question. He further
submits that in a sudden heat of passion, the alleged offence has been
committed. He further submits that out of 20 witnesses, only 6 have
been examined till date. The applicant is in jail since 14.11.2023 and
the trial is likely to some time to be finalized, therefore, it is prayed that
the applicant may be enlarged on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes
the bail application and submits that eye-witness/victim of the case
Subhash Kumar Kol has stated against the applicant, therefore, the
applicant may not be released on bail.

5. I have heard learned Counsel appearing for the parties and perused
the material available on record.

6. Considering the facts and circumstances of the case, evidence
collected by the prosecution against the applicant and the fact that
some important witnesses remain to be examined, at this stage,
without further commenting on merits of the case, I am not inclined to
release the applicant on bail.

7. Accordingly, the bail application is Rejected. However, the concerned
Trial Court is directed to expedite the trial and to ensure that the trial is
concluded as expeditiously as possible.

8. Office is directed to sent a certified copy of this order to the Trial Court
concerned for information and necessary compliance, if any.

Sd/-

(Sanjay Kumar Jaiswal)
Judge

Shubham