Manijar Prasad vs State Of Chhattisgarh on 8 July, 2025

Chattisgarh High Court

Manijar Prasad vs State Of Chhattisgarh on 8 July, 2025

Author: Parth Prateem Sahu

Bench: Parth Prateem Sahu

                                                                 1




                                                                                    2025:CGHC:31363
                                                                                            NAFR

                                    HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                    MCRC No. 5197 of 2025
                      1 - Manijar Prasad S/o Ramnaresh Soni Aged About 58 Years R/o Village-
                      Avantikapur (Jhari), P.S. Chandani District- Surajpur, Chhattisgarh.
                                                                                         --- Applicant
                                                          versus
                      1 - State Of Chhattisgarh Through The Station House Officer, Police Station -
                      Chandani, District- Surajpur (C.G.)
                                                                                     ... Respondent

For Applicant : Mr. Leekesh Kumar on behalf of Mr. Rahil
Arun Kochar, Advocate

For Respondent-State : Mr. Triveni Shankar Patel, P.L.

Hon’ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
08/07/2025

1. Applicant has filed this third bail application under Section 483 of Bhartiya

Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been

arrested in connection with Crime No. 70/2023 registered at Police Station –

Chandani, District Surajpur (C.G.) for offence punishable under Sections 147,

148, 149, 294, 506, 323, 324, 307, 302 of IPC. The first bail application of the

applicant was dismissed as withdrawn vide order dated 19.12.2023 in M.Cr.C.

No.8381/2023 and the second bail application was dismissed on merits vide

order dated 24.07.2024 in M.Cr.C. No. 4798 of 2024.

2. Case of the prosecution is that, on 03.07.2023 at about 09:30 A.M., when the

complainant party was doing agricultural activities, the Applicant No. 2 came
BALRAM there, objected the complainants not to do the agricultural activities over the
PRASAD
DEWANGAN
Digitally signed by
BALRAM PRASAD
fields. Thereafter, the Applicant No. 2 returned back to his house, again came
DEWANGAN
Date: 2025.07.09

there along with the Applicant No. 1, both of them assaulted the complainant
11:19:35 +0530
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party due to which, Hari Prasad Soni died. Kalmi Soni, Adesh Kumar Soni,

Rupani soni sufered injuries over their person. The incident was reported to

the concerned police station, based upon which, aforementioned crime was

registered and the applicants were arrested.

3. Learned counsel for applicant submits that this bail application is filed on the

ground of delay in trial. There are as many as 38 witnesses, out of which,

only 13 witnesses have been examined till date as per his information.

Applicant is in jail since 04.09.2023 Hence, he may be enlarged on bail.

4. On the other hand, learned State counsel opposes the submission made by

learned counsel for the applicant and would submit that from the order sheets

of the trial Court, it is appearing that learned trial Court is taking all measures

to cause presence of the prosecution witnesses and have also issued

bailable warrants to some of the witnesses. He further submits that there is

active participation of applicant in commission of aforementioned crime,

therefore, second bail application was dismissed on merits considering the

facts of the case. Applicant has not filed copies of the deposition sheet of

witness examined.

5. I have heard learned counsel for the parties and perused the documents

placed on record.

6. Taking into consideration the submission of learned counsel for the respective

parties, nature of allegations I do not find any good ground to allow this bail

application.

7. Accordingly, the bail application is dismissed. However, considering that

applicant is in jail since 04.09.2023, learned trial Court is directed to expedite

the trial.

Sd/-

(Parth Prateem Sahu)
JUDGE
Balram