1 2025:CGHC:12549 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2068 of 2025 Prabhulal Jaiswal S/o Lt. Gopal Jaiswal Aged About 48 Years R/o Nehru Ward, Bhatapara, P.S. Bhatapara City, District Balodabazar-Bhatapara, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Bhatapara City, District Balodabazar-Bhatapara, Chhattisgarh. ... Respondent For Applicant : Mr.Rahul Agrawal, Advocate For Respondent/State : Ms. Pragya Shrivastava, Deputy Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17.03.2025 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No.436/2023, registered at Police Station- Bhatapara, district Balodabazar (C.G.) for the offence punishable under Section 302 of the Indian Penal Code. 2. Brief facts of this case are that, on 28.11.2023 the complainant filed a report that on 27.11.2023 that he was at his home with his wife and children in the evening at the same time his elder 2 brother’s returned from his work at around 6 pm after which a fight broke between the applicant and the deceased. The applicant left the house. After some time when the applicant made a call and told that a scuffle broke out, the deceased was lying on the ground and not breathing when he went to see, the deceased already died. On the basis of the said report crime was registered. 3. Learned counsel for the applicant contended that, out of 19 witnesses 06 has been examined. They all have turned hostile even though they have clearly told in their deposition that deceased has illicit relationship with some other guy. The applicant is in jail since 28.11.2023 and charge sheet has been filed and the trial process is going to take a long time. He is ready to furnish adequate surety and shall abide all the directions and conditions which may be imposed by this court upon him. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicants. She stated that blood stain has been found on the seized iron, moreover finger nail scratches have been found on the neck of the deceased. Fracture in the thyroid cartilage has been found. 3 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact the seized iron had a blood stain, the neck of the deceased had scratches of the finger nail and the thyroid cartilage was fractured. Moreover there are call records of the present applicant in which he made a call to his brother on the date of incident telling him that he has murdered his wife, this has also been mentioned in the memorandum. Hence, this court is of the considered opinion that the present case is not a fit case to allow the application for suspension of sentence and grant of bail. 7. Accordingly, the present MCRC stands rejected. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza