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Judgment
Sanjay Kumar Jaiswal, J
The accused/applicant has moved this second bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 107/2025 registered at Police Station - Supela, District – Durg (C.G.) for the offence punishable under Sections 103(1) and 109 of BNS, 2023.
As per the prosecution’s case, on 24.01.2025, security guard Ganpat Sahu was standing behind the gate to ope it. At that moment, the driver of car bearing registration No. CG-07/BJ-8877, driven by applicant Sachin Singh Rajput, with intention to kill Ganpat Sahu, drove the vehicle at high speed and hit the gate. As a result , the iron gate struck in the chest of Ganpat Sahu, and both of his legs got trapped in the gate. He was dragged along with the gate and collided with a wall, getting crushed under the gate. After the incident, Sachin Singh Rajput fled from the spot. During the course of treatment, Ganpat Sahu succumbed to his injuries on 26.01.2025. Based on this, offence has been registered against the present applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that there are 32 listed witnesses in this case, out of which 9 witnesses, including the complainant, wife and children of the deceased, have been examined who have turned hostile and do not support the case of the prosecution. He next submits that Deepak Singh (PW-1), who lodged the FIR, has clearly stated in para 6 that he has not given any statement to the police and turned hostile. He also submits that there is no clear or established motive for the alleged offence, and as such, the alleged offence is not made out against the present applicant. The applicant is in jail since 24.01.2025, and there is no likelihood of his case being decided in the near future; therefore, the present applicant may be released on bail.
On the other hand, learned counsel for the State opposes the bail application and submits that the alleged vehicle was seized from the instance of the present applicant, and the applicant has a criminal antecedent under Section 323, 294 and 506 of IPC. She also submits that some important witnesses have still remained to be examined; therefore, at this stage, he may not be enlarged on bail.
I have heard learned counsel for the parties and perused the case diary.
Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and the nature of crime, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected.
However, considering the fact that the applicant is in jail since 24.01.2025, and only 9 witnesses out of 32 witnesses have been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible preferably within a period 4 months from today.
Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.