1 2025:CGHC:21067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3139 of 2025 1 - Bedram Baiga S/o Koliha Baiga Aged About 26 Years R/o Village Teliyapani, Dhobe, Police Station Kukdur, District Kabirdham (C.G.) ... applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Kukdur, District Kabirdham (C.G.) ... Respondent(s) For applicant : Mr. Anuroop Panda, Advocate For Respondent(s) : Mr. Neeraj Sharma, Dy. A. G. S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 07.05.2025. 1. Heard on the application filed under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of bail. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 11.05.2023 in connection with Crime No. 39/2023 registered at P.S. Kukdur, District- Kabirdham (CG) for the offence under Sections 302 & 201 read with Section 34 of IPC. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.08 10:45:50 +0530 2 2. The case of the prosecution is that on 02.07.2022, the wife of the co-accused Chetram namely Matiya Bai has found dead in her house and the merg intimation was given by the husband of the deceased that he along with his brother had gone to his work and in the evening when they came back, they saw that the deceased has committed suicide inside his house by hanging herself in roof beam. They take down the deceased but found her dead. In the post mortem, the doctor has noticed various injuries on her body and opined that cause of death is esthesia due to contriction on the neck and it was homicidal in nature. The FIR has been registered against the two accused persons and the present applicant is arrested on 14.05.2023 and charge sheet has been filed. 3. Learned counsel for the applicant would submit that there is no allegation against the present applicant that he involved in the offence in any manner. The deceased is the wife of co-accused person Chaitram and he is the brother of the co-accused Chaitram. The wife of the co-accused has committed suicide in his house and there is no allegation that he was present at the time when she committed suicide or in any manner, he also instigated to commit her suicide. It is for the Chaitram to explain the injury on the body of the deceased. He being the brother of the co-accused have been implicated in the offence. The applicant is in jail since 14.05.2023 and till date only 12 witnesses have been examined out of total 27 witnesses and trial of the case will take its own time, therefore the applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes and submitted that the co-accused Chaitram has lodged the report that his wife has committed suicide whereas the doctor has clearly opined in the post mortem report that 3 the death of the deceased was homicidal in nature and certain injuries were also found in her body. He would further submit that since the doctor has found the death was homicidal in nature, therefore, it appears that the deceased was hang after her murder which cannot be possible by the co- accused alone. He would also submit that the trial is in advance stage and 12 witnesses have been examined, it cannot be said that the trial is withheld or it will take some time as the regular proceeding of the case is going on and the witnesses are being examined. Therefore, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the material annexed with the petition. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation against the present applicant and material collected during the investigation, further the relationship between both the accused persons, the post mortem report of the deceased in which injuries have been found and further that the trial of the case is in advance stage, I am not inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika