2025:CGHC:19143 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2741 of 2025 Jeevan Lal Dubey Alias Golu S/o Teklal Dubey Aged About 24 Years At Village Semra, P/s Bargarh, District Chitrakoot, U.P. Presently At - Durga Nagar, Birgaon, P/s Urla, District Raipur, C.G. ... Applicant versus State Of Chhattisgarh Through P/s Khamtarai, District Raipur, C.G. ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Lukesh Kumar Mishra, Advocate For Respondent/State : Ms Pragha Shrivastava, Dy GA ------------------------------------------------------------------------------------------------------------------ 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 applicants was arrested on 15.11.2024 in connection with Crime No.616 of 2023 registered at PS-Khamtarai, District-Raipur CG for the offence punishable under Sections 452, 342, 307, and 302 of the IPC. 3. Case of the prosecution in brief is that on 20.07.2023, the applicant went to the Office of the deceased along with some inflammable liquid, got shutters of the office down, and considering the act of the applicant, victim made a Digitally signed by V PADMAVATHI Date: 2025.04.30 11:42:52 +0530 Mcrc 2741 of 2025 2 telephonic call to one-Mukesh, and asked him to save her. In the meantime, applicant poured the inflammable liquid on the victim and set her ablazed. Immediately thereafter, Mukesh, to whom the victim made telephonic call, came there, opened the shutter, and found that the victim has received burn injuries on her body. Report has been lodged, and the victim was taken to the hospital, where she died on 07.08.2023 during the treatment. Dying declaration of the deceased was recorded and it is found that she suffered 60-65% 2nd degree burn injuries, and cause of death is Cardio respiratory failure due to the burn injuries. In the FSL report, presence of petrol is found, and after investigation, charge-sheet has been filed against the applicant. 4. Learned counsel for the applicant would submit that it was an unfortunate incident, and the applicant was well acquainted with the deceased. Both of them tried to commit suicide inside the Office room, but unfortunately, the deceased died and the applicant survived. There is no intention to commit murder of the deceased. Applicant is in jail since 15.11.2024, and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application, and would submit that in the dying declaration, deceased has clearly disclosed that the applicant set her ablazed by pouring some inflammable liquid. From the statement of Mukesh, it is also clear that the deceased, as well as the applicant were together inside the office room, and the deceased asked for help through mobile phone, therefore, involvement of the applicant appears from the material available in the case diary, and he is not entitled for bail. Mcrc 2741 of 2025 3 6. Heard learned counsel for the parties, and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, also considering nature of allegations, and the material collected during investigation, further considering the dying declaration made by the deceased, and the statement of witness Mukesh, I am not inclined to release the applicant on bail. 8. Accordingly, bail application stands rejected. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma