1 2025:CGHC:21069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3193 of 2025 1 - Pushan Kumar Gayakwad S/o Shri Sumeri Gayakwad Aged About 28 Years R/o Village Dhursa, Police Station Panduka, District- Gariyaband (C.G.) ... applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Panduka, District- Gariyaband (C.G.) ... Respondent(s) For applicant : Mr. Abhishek Sharma, Advocate For Respondent(s) : Mr. Gorelal Uikey, P.L. 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 19.12.2024 in connection with Crime No. 187/2024 registered at P.S. Panduka, District- Gariyaband (CG) for the offence under Sections 103 (1) of the Bhartiya Nyay Sanhita, 2023 (in short “BNS, 2023”) against the applicant. 2 2. The case of the prosecution is that on 17.12.2024, at about 6.30 PM there was a village meeting convened at Jai Stambh Chowk at Village- Dhursa to organize the functions at Guru Ghasidas Jayanti. In the meeting some dispute arose between the parties and it culminated into scuffling and during that scuffling the present applicant giving a fist blow on the deceased Pancham by which he fell down on the ground and lost his consciousness. He immediately taken to hospital where he declared brought dead. After the post mortem the FIR has been registered under Section 103 (1) of the BNS and the applicant has been arrested on 19.04.2024 and charge sheet has been filed. 3. Learned counsel for the applicant would submit that the deceased was 70 years old person who died in the natural course of his life. In the post mortem report no external or internal injuries have been found on his body and the doctor has opined in the post mortem report that the cause of death is cardio respiratory failure and the nature of death was preserve. When a query was being made to the doctor, he opined that the cause of death is cardio respiratory failure and mode of death is syncope (mayo cardial infaction/ cardiac failure) and nature of death is natural, and further opined that it can be co-relate with the circumstantial evidence and Police investigation and thus, there is no evidence that the deceased is died due to assault made by the applicant or his death was homicidal in nature. In absence of any homicidal death of the deceased, the applicant cannot be prosecuted for the offence of commission of the murder and at the based he can found guilty only for the offence under Section 323 by giving a fist blow on his body, although, the eye witnesses are there but there is no ingredients with respect to the offence under Section 302 of IPC against the applicant. The applicant 3 is in jail since 19.12.2024 and final adjudication 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 there are eye witnesses who stated that by the fist blow given by the applicant, the deceased fell down and ultimately died therefore, he 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 and material collected during the investigation, further considering the post mortem report and the query report given by the doctor and the manner in which the alleged incident is occurred, I am 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 allowed. 8. It is directed that the applicant Sumit Kumar Sonwani shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.09 10:50:39 +0530