Page No.1 of 3 IN MCRC-3742-2025 2025:CGHC:21978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3742 of 2025 Balmukum S/o Late Shyam Bihari Singh Aged About 23 Years R/o Village Gadhtar (Bhawardand), Police Station Khadgawan, District Koriya (C.G.) ... Petitioner Versus State Of Chhattisgarh Through- The Station House Officer, Police Of Khadgawan, District Koriya (C.G.) ... Respondent [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Applicant : Mr. Chandra Kumar, Advocate For Respondent : Ms. Pragya Pandey, Dy. GA ----------------------------------------------------------------------------------------------- (Single Bench: Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13.05.2025 1. This is the First Bail Application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 26.11.2022 in connection with Crime No.430/2022, registered at Police Station - Khadgawan, District Koriya (C.G.) for the offence punishable under Section 302 of IPC. 2. The case of the prosecution in brief is that on the date of incident, the applicant/accused alongwith the deceased- Pawan Sai both consumed liquor and went together to the market, where they met the daughter of Praye Lal. Thereafter, both of them took the SAIFAN KHAN Digitally signed by SAIFAN KHAN Date: 2025.05.13 17:37:35 +0530 Page No.2 of 3 IN MCRC-3742-2025 daughter of Praye Lal on the motor-cycle and reached Ganeshpur, Kothabari Dand at about 09:30 PM. However, dispute arose between the applicant and the deceased- Pawan Sai over keeping the daughter of Praye Lal as their wife, in which, it is alleged that the applicant herein assaulted the deceased 4-5 times on his head by means of wooden stick, due to which, the deceased fell down on the floor and died. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He further submits that there is no evidence against the applicant to connect him with the offence in question. Charge-sheet has already been filed and only 09 witnesses out of 30 have been examined by the trial Court till date. He would lastly contend that there is no criminal antecedent against the applicant, charge-sheet has been filed, applicant is in jail since 26.11.2022 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per-contra, learned counsel appearing on behalf of the State opposes the bail application and submits that the applicant has committed murder of the deceased by assaulting him on his vital part of the body i.e. head by means of wooden stick. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. Page No.3 of 3 IN MCRC-3742-2025 6. Taking into consideration the facts and circumstances of the case, the applicant, who on the date of incident has firstly consumed liquor with the deceased- Pawan Sai and, thereafter, in a dispute for keeping the daughter of Pyare Lal as wife, assaulted the deceased by means of wooden stick on his head, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant – Balmukum involved in Crime No.430/2022, registered at Police Station - Khadgawan, District Koriya (C.G.) for the offence punishable under Section 302 of IPC, is rejected. 7. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge s@if