1 2025:CGHC:2000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 249 of 2025 1 - Duja Bai Tandon, W/o Khemu Tandon Aged About 40 Years 2 - Khelan @ Khelawan Tandon S/o Bahra Tandon Aged About 62 Years R/o Magarwah, Police Station And Tehsil Sahaspur Lohara, District Kabirdham (Chhattisgarh) ... Applicants versus 1 - State of Chhattisgarh Through The SHO, Police Station- Sahaspur- Lohara, District Kabirdham (Chhattisgarh) ... Respondent For Applicants : Mr. Siddharth Pandey, Advocate For State/Respondent : Mr. Akhilesh Kumar, G.A. Hon'ble Smt. Justice Rajani Dubey Order on Board 13.01.2025 1. The accused/applicants have moved this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for releasing them on regular bail during trial in connection with Crime No. 64/2022 registered at Police Station- Sahaspur-Lohara, District 2 Kabirdham (C.G.) for the offence punishable under Sections 307, 302 and 109 read with 34 of IPC. 2. The prosecution story, in brief is that, on 16.02.2022, the applicants herein poured kerosene oil upon the deceased Smt. Namrata Tandon. Thereafter, she was taken to Khamhariya hospital from where she was referred to District Hospital Bemetara. Thereafter, she was taken to Horizon Hospital, Raipur. The dying declaration of the deceased was recorded and on that basis, zero FIR 00/2022 was registered for the offence punishable under Section 307,34 of IPC and sent to Police Station Sahaspur-Lohara. Thereafter, Crime No. 64/2022 was registered. However, on 21.02.2022, the deceased succumbed to the burn injuries. Thereafter the offence under Section 302 of IPC was added. It has been alleged that in the dying declaration, the deceased named the present applicants. Based on the complaint, investigation and medical reports, the accused were arrested and a charge-sheet was filed for the offences punishable under Sections 307, 302 and 109 read with 34 of the IPC. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the co-accused Vinod Tandon/Husband has been enlarged on bail by the Hon’ble Supreme Court vide order dated 14.12.2024 in SLP (Crl.) No. 12284/2024. He next contends that applicants are in jail since 19.02.2022, charge-sheet has been filed and there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail. 4. On the other hand, counsel for the State vehemently opposes the bail application and submits that the deceased suffered 70-72% burn 3 injuries and succumbed to it and in her dying declaration, she clearly alleged the allegations against the applicants. He further states that there is also one eye-witness namely Aman Patle to the incident. Therefore, no case is made out to grant regular bail to them. 5. I have heard learned counsel for the parties and perused the record. 6. Considering the totality of the facts and circumstances of the case, gravity of offence, quality of evidence and further considering the dying declaration of the deceased wherein the specific allegations have been levelled by the deceased against the applicants, at this stage, I am not inclined to release them on bail. 7. Accordingly, application filed under Section 483 of BNSS is rejected. Sd/- (Rajani Dubey) Judge Ruchi RUCHI YADAV Digitally signed by RUCHI YADAV