2025:CGHC:21080 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3142 of 2025 1. Chhotu @ Rajendra Netam S/o Sadhu @ Sharda Prasad Aged About 33 Years R/o Raipura Jorapara, P.S. D.D. Nagar, District Raipur, Chhattisgarh. ... Applicant versus 1. State Of Chhattisgarh Through Station House Officer, Police Station D.D. Nagar, Raipur, District Raipur, Chhattisgarh. ....Non-applicant For Applicant : Mr. Dashrath Kushwaha, Advocate For Non-applicant : Mr. Ruhul Ameen, Panel Lawyer Hon'ble Mr. Justice Parth Prateem Sahu Order On Board 07.05.2025 1. This is second application for grant of regular bail to applicant. First bail application bearing M.Cr.C. No.1216/2024 was dismissed on merits vide order dated 05.03.2024. 2. Applicant is in custody since 15.9.2023 in connection with Crime No.33/2014 registered at Police Station DD Nagar, Raipur (C.G.) for the offence punishable under Sections 302, 304A of the Indian Penal Code. 3. Case of the prosecution, in brief, is that on 29.01.2014, in the morning, dispute took place between Lata (hereinafter referred to as deceased) with Preeti Netam (wife of the applicant). In the evening, when the applicant returned back to his house, his wife informed him about the quarrel between her and deceased upon which, the applicant started abusing in filthy languages in intoxicated condition. In the next morning, when the deceased again went to fetch water, she was not permitted to fetch water and Preeti started quarrelling with the deceased and her utensils were also kept aside. Thereafter, the deceased along with her husband/complainant was going to lodge a report in the concerned police station and on their way, the applicant dashed the bicycle of the complianant and the deceased by his Scorpio Vehicle bearing No.CG-04-KU- 1991 and thereafter, again dashed them by reversing his vehicle on which, deceased Lata suffered grievous injuries. During course of treatment, she sucummbed to her injuries. The incident was reported to the concerned police station on the same day, however, applicant absconded along with the offending vehicle and was arrested only on 15.09.2023. 4. Learned counsel for applicant submits that the applicant is innocent and he has not committed any offence as alleged. He submits that after dismissal of first bail application, material witness namely Rajesh Karkase (PW-5), husband of deceased, has been examined before trial Court and he has not supported the case of prosecution to attract the provision under Section 302 of IPC. He contended that present is a case of road accident but for ulterior motive the police have recorded statement of Rajesh Karkase under Section 161 CrPC mentioning that applicant after dashing bicycle on which deceased was a pillion, reversed his vehicle and again dashed said bicycle, which was an intentional act of applicant. However, said Rajesh Karkase (PW-5) in his evidence before trial Court has not made any allegation that applicant has intentionally caused the accident. Except this, there is no other piece of evidence to connect applicant for the offence under Section 302 of IPC and even if the entire proseuction case is taken as it is, offence against applicant would not travel beyond Section 304A of IPC. Applicant is in jail since 15.9.2023, there are as many as 24 enlisted prosecution witnesses, the trial of case will take considerable time, therefore, applicant be released on bail pending trial. 5. Per contra, learned State Counsel opposes submissions of learned counsel for applicant and submits that there is specific allegation against applicant of intentionally causing accident which resulted in death of deceased. Hence, he is not entitled to bail. 6. Heard learned counsel for the parties. 7. Considering the facts and circumstances of case, nature of allegations levelled; submissions advanced on behalf of the counsel for respective parties and period of pre-trial detention of applicant, without commenting anything on merit, I am inclined to release the applicant on regular bail. Accordingly, this second bail of application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that; a) he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance. b) he shall not, in any manner, tamper with prosecution witnesses. c) If he is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Sd/- (Parth Prateem Sahu) Judge roshan/- SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI