1 2025:CGHC:19142 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2714 of 2025 1 - Parasram Bhardwaj S/o Khameshram Aged About 70 Years R/o - Vill Mungadih, Police Station- Basna, District- Mahasamund (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through The Station House OfÏcer, Police Station Basna, District- Mahasamund (C.G.). ... Non-applicant For Applicant : Mr. Palash Agrawal, Advocate holding brief of Mr. Mohit Kumar, Advocate For Res./State : Mr. Neeraj Sharma, Deputy Advocate General Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 28.04.2025 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2. The applicant was arrested on 23.01.2025 in connection with Crime No. 444 of 2024 registered at PS- Basna, District- Mahasamund, Chhattisgarh for the offence punishable under Sections 302 of the Indian Penal Code. 2 3. Case of the prosecution in brief is that on 23.08.2021 at about 8.00am, the applicant committed murder of his wife in his own house by assaulting her on head by an Axe. The FIR has been registered against the applicant and he has been arrested on 29.08.2021 and the chargesheet has been filed. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the crime in question. He would further submit that the applicant is aged about 70 years and on a trivial dispute he pushed his wife who dashed with the door and received head injuries. The applicant is in jail since 29.08.2021 and conclusion of trial will take some time, as the numbers of witnesses are yet to be examined. The trial of the case is not in considerable progress therefore, he may be released on bail. 5. On the other hand, learned State counsel opposes the bail application, and would submit that there are three eyewitnesses to the incident and as per postmortem report the deceased died due to homicidal death by head injury and therefore, he is not entitled for bail. 6. Heard learned counsel for the parties and perused the material annexed with the bail application. 7. Vide order dated 15.04.2025, this Court has called the report from the trial Court as to why the trial of the case has not been concluded as the applicant in jail 29.08.2021. In compliance of the said order, a report dated 25.04.2025 is submitted by the Principal District & Sessions, Judge, Mahasamund stating therein about the progress of the trial and submitted that out of total 24 witnesses, 13 witnesses have already been examined and 11 are left to be examined. 3 8. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation and the material collected during the investigation, particularly considering that the appellant is aged about 70 years and he is in jail since 29.08.2021, on the ground of his age and detention period and further that final adjudication of the case would take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 9. Accordingly, the bail application filed by the applicant- Parasram Bhardwaj is allowed and he shall be released on bail on his executing a personal bond in sum of Rs. 50, 000/- with one surety of the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the applicant 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 facts to the Court or to any Police OfÏcer; ii. that the applicant shall nost act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to them by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE amita Digitally signed by AMITA DUBEY Date: 2025.04.29 16:14:02 +0530