1 2025:CGHC:13456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2201 of 2025 1 - Shailendra Yadav S/o Santosh Yadav Aged About 30 Years R/o Kailash Nagar Titurdih Ward No. 19 Durg Police Station Mohan Nagar District- Durg (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Sho Mohan Nagar District - Durg (C.G.) ... Respondent(s) For Petitioner(s) : Shri Avinash Chand Sahu, Advocate For Respondent(s) : Ms. Sunita Manikpuri, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 20/03/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 576/2024 registered at police station Mohan Nagar, District Durg (CG) for the offence punishable under Sections 103(1) and 238 of BNS. 2. Prosecution case in brief is that on 12.11.2024, merg intimation was given by lodged by one Kamal Narayan Yadav, Ward boy. It is the case of the prosecution that deceased Gajendra Yadav was a liquor 2 addict and most often he used to quarrel with the family members. It is alleged that the deceased had made an attempt to outrage the modesty of his sister-in-law and on the date of incident, after consuming liquor he quarreled with his family members and out of anger, the applicant throttled his neck with a gamchha and committed his murder. Thereafter, the said gamchha was burnt. On the basis of the said report, the applicant was arrested. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the family members of the deceased were annoyed with his activities after he consumed liquor and in anger the applicant committed the murder. He submits that the applicant is in jail since 12.11.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that the applicant after throttling the deceased with gamchha, burnt it however, in the postmortem report, it has been opined by the doctor that the cause of death is strangulation and it was homicidal in nature. 6. Heard counsel for the parties and perused the record. 8. On due consideration of the rival submissions and the fact that being annoyed with the deceased, the applicant had committed the offence and the applicant is in jail since 12.11.2024, the charge sheet has been filed and the final disposal of the trial is likely to take 3 sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: (i) he shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (iv) he shall not involve himself in any offence of similar nature in future. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.22 11:10:33 +0530