1 2025:CGHC:19024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR • MCRC No. 3242 of 2025 • Ishwari Yadav S/o Late Ganeshora Yadav Aged About 48 Years R/o Village Khutapani Police Station Bagbahar District - Jashpur (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer Police Station Sariya District - Raigarh (C.G.) Present District - Sarangarh Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Kaushal Yadav, Advocate For State/ Non-applicant : Mr. Pramod Shrivastava, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 28-04-2025 1) This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 by the applicant before this Court for the grant of regular bail in connection with Crime No. 146/2022 registered at Police Station-Sariya, District-Raigarh (C.G.) for the offence punishable under Sections 302, 201, 120(B) r/w Section 34 of the IPC. Earlier, the first bail application moved by the applicant was dismissed on merits vide order dated 18.09.2024. 2) As per the prosecution story, on 01.08.2022, two dead bodies were found floating in the Mahanadi river. Both the dead bodies were identified on 08.08.2022. The F.I.R. was registered against an unknown 2 person on 04.08.2022. After the identification of the dead bodies, the police investigated the case and arrested Manoj Kumar-the minor son of the deceased, namely, Sukaru Ram Yadav and Manbati Yadav. It was disclosed by Manoj Kumar that he along with his brother-in-law (Jija) Narsing Yadav, Bholashankar Yadav, Rajuram, Shankar, Khageshwar, Chhatramohan, Dasrath Yadav and the present applicant on suspicion of witchcraft, took Sukaru Ram Yadav and Manbati Yadav to a distant place and thereafter committed murder by throttling and the dead bodies were thrown in Mahanadi river. The memorandum statement of Narsing Yadav and Manoj Kumar would reveal that the present applicant was in the company of other accused persons and therefore, the present applicant was arrested on 08.08.2022. Out of a total of 09 accused persons. Manoj Kumar was a juvenile, Chhatramohan and Dashrath Yadav were absconding, whereas other accused persons are in jail. 3) Learned counsel for the applicant submits 8 witnesses out of total 29 witnesses have been examined and they have not supported the case of prosecution. He further submits that the applicant has been in jail since 08.08.2022 thus, he prays for the grant of bail to the present applicant. 4) On the other hand, the learned counsel for the State submits that there are 29 witnesses and only 8 have been examined. He further submits that applicant earlier preferred MCRC No. 6159 of 2024 which was dismissed on merits by this Court vide order dated 18.09.2024. He prays that present bail application deserves to be rejected. 5) Heard learned counsel for the parties and perused the case diary. 3 6) From a perusal of the case diary and the submissions made herein above, it is quite vivid that though some witnesses have been examined but the evidence led by the witnesses cannot be appreciated at this stage; further considering the fact that there is no change in circumstances; and, earlier, the first bail application was rejected by detailed order dated 18.09.2024, therefore, I do not find any good ground to entertain this application. 7) Consequently, this bail application stands rejected. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya