1 2025:CGHC:16313 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2172 of 2025 1 - Rajkumar Tekam S/o Late Ramsay Tekam, Aged About 34 Years, R/o Karvan, P/S and Tahsil - Rajpur, Distt. - Balrampur-Ramanujganj Chhattisgarh 2 - Pramila Tekam W/o Rajkumar Tekam, Aged About 33 Years, R/o Karvan, P/S and Tahsil - Rajpur, Distt. - Balrampur-Ramanujganj Chhattisgarh ... Applicants versus 1 - The State of Chhattisgarh Through The Police Station - Rajpur, District Balrampur-Ramanujganj Chhattisgarh ... Non-applicant For Applicant : Mr. Rahul Mishra, Advocate. For State : Ms. Pragya Shrivastava, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 07-04-2025 1. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 03-05-2024 in connection with Crime No.63/2024 registered at P.S. - Rajpur, District Balrampur-Ramanujganj, Chhattisgarh for the offence under Section 294, 506, 302 read with Section 34 of the IPC. 2. The case of prosecution is that, on 26-04-2024 at about 12 in the noon when the deceased Prayag had gone to the house of the applicants with respect to the negotiation of their property dispute, some altercation took place with co-accused Suniti and then the altercation became aggravated and all the accused persons started assaulting the deceased by hands and fists and danda, in between that the Digitally signed by MOHAMMAD AADIL KHAN 2 co-accused Suniti gave axe blow on the body of the deceased by which he received grievous injuries on his body including fracture of bones. During treatment he died on the same day in the hospital. The incident was witnessed by Dusobai who is wife of the deceased, Pushpa who is grand-daughter of the deceased and Basant who is the son-in-law of the deceased. The matter was reported to the police and the applicants have been arrested. After investigation charge sheet has been filed. 3. Learned counsel for the applicants would submit that the deceased himself was aggressor and he came to the house of the applicants and started quarrel and abused them by which some altercation took place and incident occurred in the heat of passion. The present applicants have not given the fatal blow to the deceased and the allegation against the applicant No.2 is that she has assaulted the deceased by hands and fists. There is no specific allegation that these two applicants have given fatal blow by lathi or hands and fists to the deceased, and omnibus allegations have been leveled against them. The applicants are in jail since 03-05-2024. The trial of the case is not in considerable progress and will take its own time. Therefore, they may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that the eye-witnesses have stated about active participation of the applicants that they have also assaulted the deceased by hands and fists and danda. Multiple wound including fracture have been found on the body of the deceased. From applicant No.1 Rajkumar Tekam a danda has been seized and in view of the evidence of eye- witnesses, the applicants are not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, particularly considering the statement of eye-witnesses Dusobai, Pushpa and Basant and further considering the postmortem report of the deceased and nature of injuries received by him, I am not inclined to release the applicants on bail. 3 7. Consequently, this application filed by the applicants under Section 483 of BNSS, 2023 for grant of regular bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Aadil