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Chattisgarh High Court
Devraj Dhritlahre vs State Of Chhattisgarh on 17 July, 2025
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2025:CGHC:33914
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4921 of 2025
1 - Devraj Dhritlahre S/o Ramesh Kumar Dhritlahre Aged About 22 Years R/o
Village - Sapos, Police Station - Sankara, Tahsil - Pithora, District -
Mahasamund (C.G.)
2 - Chandra Prakash Patela S/o Narottam Patela Aged About 18 Years R/o
Village - Sapos, Police Station - Sankara, Tahsil - Pithora, District -
Mahasamund (C.G.)
... Applicant(s)
versus
1 - State Of Chhattisgarh Through - Police Station - Sankara, District -
Mahasamund (C.G.)
... Respondent(s)
(Cause title taken from Case Information System)
For Applicant(s) : Mr. Pragalbh Sharma, Advocate
For Respondent(s)/State : Mr. Ajit Singh, Govt. Advocate
Hon’ble Shri Justice Ravindra Kumar Agrawal
Order on Board
17/07/2025
1. This is first bail application seeking grant of bail to the applicants, who
are in jail since 06.03.2024 in connection with Crime No. 24/2024
registered at Police Station Sankara, District Mahasamund for the
offence punishable under Sections 147, 294, 323, 325 and 302 IPC.
Digitally
signed by
VEDPRAKASH
VEDPRAKASH DEWANGAN
DEWANGAN Date:
2025.07.21
18:43:48
+0530
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2. The case of prosecution is that, on 05.03.2024 at about 9 PM the
grandson of deceased Shankar Lal namely Ajay Dhruw along with his
friends Somnath, Tapuraj and Hemant went to village side where the
accused Hetram met, who scolded them that they are engaged in
commission of theft and some altercation took place between them.
He (Hetram) called Dhiraj, Karan, Chandraprakash, Sunil and
Manohar and all of them assaulted them by hand and fist. Ajay and his
friends came back to their house and informed their family members.
Thereafter, when the deceased asked Hetram as to why they have
committed marpeet with their family member, all the accused persons
including the present applicants Devraj Dhritlahre and
Chandraprakash Patela started assaulting the deceased Shankar.
Even after when he fell down on the ground, the accused persons
continued in assaulting deceased on his chest and neck. One Hirabai
came to intervene in the quarrel, she too was being assaulted by the
accused persons. The incident was witnessed by Motiram Dhruw, who
seen the accused persons fleeing from the place of occurrence. When
Shankar was taken to the Hospital, he was declared brought dead. In
the postmortem report, the doctor has opined that cause of death is
shock due to extensive hemorrhage and injury to vital organ and
nature depends upon circumstantial evidence. In the internal
examination the doctor found intracranial bleeding in fronto-parietal
right middle cervical cavity. Number of injuries were found on the body
of deceased Shankar. Merg was intimated by the doctor and after
merg enquiry FIR has been registered against the accused persons
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including present applicants. The applicants have been arrested on
06.03.2024 and after investigation charge sheet was filed.
3. Learned Counsel for the applicants would submit that the applicants
are innocent and have been falsely implicated in the case. There is no
active participation of the applicants in commission of offence or
assaulting the deceased. The doctor has not opined that deceased
died due to homicidal death, but has opined that nature depends upon
the circumstances of the case. The name of present applicants
appeared in the first instance when altercation took place between
Ajay Dhruw and Hetram. The allegation against them at that time was
only assault that too by hand and fist whereas, the deceased received
injuries subsequently in another incident in which omnibus allegation
of assault have been made against them. He would further submit that
up to 02.05.2025, 13 prosecution witnesses have been examined, but
the witnesses have not supported the prosecution’s case with respect
to the present applicants. The applicants are in jail since 06.03.2024,
therefore, they may be released on bail as final adjudication may take
sometime.
4. On the other hand, the counsel for the State opposes the bail
application and have submitted that there are eyewitnesses to the
incident who clearly stated about involvement of present applicants
that they along with other accused persons have actively participated
in the offence and have committed marpeet with the deceased.
Number of injuries have been found on the body of deceased Shankar,
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which was as a result of assault made by the accused persons and
deceased died due to said injuries. Hira Bai is the injured witness who
was also assaulted by the accused persons when she tried to
intervene in the assault. The other witnesses are Motiram Dhruw,
Hitesh Dhruw, Ajay Dhruw, Naveen Tumaniya, Tappuraj Bhoi,
Dhaneshwar Varge and Hemant Yadav who named the present
applicants as the assailant. He would further submit that out of 17
witnesses, 13 witnesses have already been examined and the trial is
at its advance stage. The bail application of co-accused Sunil Anant @
Anil Anant and Karan Dhritlahare have already been rejected by this
Court on 18.11.2024, passed in MCRC No. 4894 of 2024 and
27.06.2025, passed in MCRC No. 4946 of 2025. Therefore, the
applicants are not entitled for bail.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the submissions made by learned counsel for the parties,
considering the nature of allegation and the material collected during
the investigation, particularly in view of statement of eyewitnesses with
respect to involvement of present applicants in crime in question and
the injuries found on the body of deceased, the trial of the case is at
advance stage and 13 witnesses have already been examined, the
bail application of the co-accused persons Sunil Anant @ Anil Anant
and Karan Dhritlahare have already been rejected by this Court, I am
not inclined to release the applicants on bail.
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7. Accordingly, the present bail application of the applicants Devraj
Dhritlahare and Chandraprakash Patela is rejected.
Sd/-
(Ravindra Kumar Agrawal)
Judge
ved
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