1 2025:CGHC:11386 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1920 of 2025 Khorbahara Banjare S/o Late Methu Banjare Aged About 75 Years R/o Village- Satpara, Police Station- Abhanpur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Abhanpur, District- Raipur (C.G.) ... Respondent For Applicant : Mr. Shivendu Pandya, Advocate For Respondent/State :Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 07.03.2025 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.201 of 2024, registered at Police Station- Abhanpur , District Raipur (C.G.) for the offence punishable under Section 302 of IPC. 2. Brief facts of this case are that on 29.05.2024 at about 19:30 PM the complainant namely Smt. Meena Dahariya loddged a repot 2 in the concerned police station to the effect that on the date of incident that is on 29.05.2024 at about 9:00 AM, she received the call in her mobile that her mother was in severe condition, and when she has come along with her husband in the village she saw that her mother was lying in the bed and some injuries have been sustained by her. Further it is alleged that some unknown person was assaulted and absconded from the incident place. It is alleged that the applicant has assaulted the deceased as she was not giving the consent of sexual intercourse, this fact is disclosed by the memorandum of the present applicant. Upon this merg against the unknown person was registered and during the course of merg inquiry by the police, the dead body which was lying was identified by the complainant. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that only on the basis of the memorandum the case cannot be made out against him. The present applicant is in jail since 30.05.2024. It is respectfully submitted by the applicant that he is suffering from liver disease on which he is facing much problem inside the jail as he is not getting proper treatment in the jail hospital. The applicant is ready to furnish 3 adequate surety and shall abide all the directions and conditions which may be imposed by this Court while granting bail. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 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 that the applicant is the husband of the deceased and he caused eleven injuries to the deceased and dead body of the deceased was recovered from the house of the applicant. Moreover the blood stain has been found in the axe which has been seized from the applicant and blood stain has also been found in the clothes of the applicant. Therefore looking to the seriousness and gravity of the offence committed by the applicant and the circumstantial chain of evidence which clearly links him with the mentioned crime, this court finds that the present case is not a fit case for granting bail to the applicant. 7. Accordingly, the present MCRC deserves to be and is hereby rejected. 4 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