1 2025:CGHC:22148 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3443 of 2025 • Sonau Ram Yadav @ Khunu Yadav S/o Late Laxmi Prasad Yadav Aged About 63 Years R/o Village Senduras, Thana Sarsiwan, District (Revenue And Civil) Sarangarh-Bilaigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Sarsiwan, District Sarangarh-Bilaigarh (C.G.) ... Respondent For applicant. : Mr. Yogesh Chandra Pandey, Advocate. For State. : Mr. Santosh Soni, Govt. Advocate. (SB: Hon’ble Mr. Justice Ravindra Kumar Agrawal) O rder on Board 20/05/2025 1. The applicant has preferred this first bail application under Section 483 of BNSS 2023 for grant of regular bail as he has been arrested on 11-11-2023 in connection with Crime No. 474 of 2023 registered at Police Station – Sarsiwan, District Sarangarh, Bilaigarh 2 (CG) for alleged commission of offence under Sections 302, 397 and 201 of IPC. 2. The case of the prosecution, in brief, is that on 6-10-2023 the dead body of the deceased Parwati Yadav was found in the agricultural field of Hanuman Singh and Rama Bai and Merg was intimated by Mangluram Yadav who is brother-in-law of the deceased. On being post-portem, numerous injuries have been found on the face, neck and other parts of the body of the deceased and the Doctor has opined that the death of the deceased was homicidal in nature. FIR has been registered on 5-11-2023 against unknown person. During investigation, the statement of one Gayatri Bai was recorded and she disclosed that she had seen the applicant going towards the place of incident having spade in his hand at the relevant point of time. On being interrogation, the applicant disclosed the entire incident and from his possession one spade, one Gamcha and Baniyan have been recovered. In the said Spade, Gamcha and Baniyan human blood was found in FSL report. The applicant has been arrested on 11-11-2023 and charge sheet has been filed. 3. Learned counsel for the applicant would submit that there is no connecting evidence in the present case against the applicant that he committed the murder of deceased. Nagesh Kewant (PW/3) and Gayatri Bai (PW/4) who are said to be witnesses of last seen have been examined before the learned trial Court and have not supported the prosecution case. He would further submit that in the said Spade, Gamcha and Baniyan no blood group was found to connect the applicant with the blood of the deceased. He would further submit that Netram Sahu (PW/2) who is the memorandum and seizure witness has also not supported the prosecution case, the applicant is in jail since 11-11-2023, final 3 adjudication of the case will take for some time, therefore, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that from the statements of Nagesh Kewat (PW/3) and Gayatri Bai (PW/4) available in the charge sheet, it is clear that they had seen the applicant going towards the place of incident having spade in his hand and the said spade was found to be stained with human blood and Gamcha and Baniyan seized from the applicant were also found to be stained with human blood, therefore, there is sufficient evidence which prima facie connects the applicant with the offence in question and he is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the parties, further considering the nature of allegation, material collected during investigation, the evidence available in the charge sheet against the applicant and further in view of the gravity of the offence, I am not inclined to release the applicant on bail. 7. Accordingly, the present bail application is rejected. Sd/- (Ravindra Kumar Agrawal) JUDGE Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.05.20 16:40:18 +0530