Page No.1 2025:CGHC:5567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 664 of 2025 1 - Kapil Kumar Gendle S/o Pyare Gendle Aged About 27 Years R/o Village- Semariya, Police Station- Bhatapara Gramin, District Balodbazar- Bhatapara, Chhattisgarh, Present R/o Ward No. 6, Bhursuda, Police Station- Tilda Neora, District Raipur, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station- Tilda Neora, District Raipur, Chhattisgarh. ... Respondent(s) --------------------------------------------------------------------------------------------------- For Applicant : Mr.Gyanshyam Kashyap, Advocate. For Non-applicant/State : Mr.Sontosh Soni, PL. S.B.:Hon'ble Shri Justice Parth Prateem Sahu Order On Board 30/01/2025 1. This is second bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 on behalf of the applicant for grant of regular bail to him. First bail application bearing MCRC No.2909 of 2024 was dismissed as withdrawn vide order dated 06.05.2024. 2. Applicant is in custody in connection with Crime No.268/2023 registered at Police Station Tilda Neora, District-Raipur (C.G.) for the offence punishable under Sections 302, 120B, 34 of the Indian Penal Code. 3. Case of the prosecution, in brief, is that on 09.07.2023 a dead body was found in Pandari pond of village Bhursuda. This came to NISHA DUBEY Digitally signed by NISHA DUBEY Page No.2 knowledge of villagers and also to wife of deceased Ramavatar, upon which, she went to the pond and found that dead body was of her husband. Morgue was reported to the concerned police-station, based upon which, crime was registered. During investigation based on the statement of wife of deceased namely Dukalhin and one Sagar Ratre, applicant was arrested. 4. Learned counsel for applicant submitted that applicant is innocent and has been falsely implicated in instant crime. He has not committed the offence as alleged against him. Bail application is filed on the ground that material witness has now been examined and has not supported the case of prosecution. He also contended that one of the witness is not turning up even after issuing multiple summons and bailable warrants. Applicant is in jail since 10.07.2023, charge sheet has been filed, conclusion of trial is likely to take time, hence, applicant may be enlarged on regular bail. 5. Learned counsel for the State opposes submissions of learned counsel for applicant and submits that the Dukalhin Bai is a witness to the last seen when the applicant and another co-accused persons were abusing and assaulting her husband near the place where dead body was found, as such she is a material witness, she is yet to be examined. He further contended that as per postmortem report multiple injuries were found on the body of deceased, which shows that the deceased was assaulted thereafter he was thrown in the pond. 6. I have heard learned counsel for the parties. 7. Taking into consideration facts and circumstances of case, nature of allegations and also the fact that Dukalhin Bai, who is stated to be material witness, is yet to be examined, I am not inclined to allow Page No.3 this bail application. 8. Accordingly, bail application is rejected reserving liberty with the applicant to file the same after examination of material witness. 9. In view of submission made by counsel for applicant that the summons were earlier issued and further the bailable warrant was also issued to the witness Dukalhin Bai, which was also served upon her. Learned trial Court is directed to take all necessary steps and measures for causing appearance of the prosecution witness as provided under B.N.S.S., 2023. Sd/- (Parth Prateem Sahu) Nisha Judge