1 2025:CGHC:28655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3912 of 2025 1 - Amit Choudhari S/o Late Keshwar Prasad Choudhari Aged About 35 Years Occupation- Cultivator, R/o Village Bilaspur, Police Station And Tahsil- Batauli, District Surguja, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Batauli, District Surguja, Chhattisgarh. ---- Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Goutam Khetrapal, Advocate For Respondent(s)/State : Mr. Suyashdhar Badgaiya, Deputy G.A. Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 26/06/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 27 of 2025, registered at Police Station Batauli, District Surguja (C.G.) for the offence under Sections 103, 3(5) of Bharatiya Nyaya Sanhita, VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.27 18:25:46 +0530 2 2023 (in short ‘BNS’). 2. The case of prosecution in brief is that, on 17.01.2025, at about 4:00 PM, there was a dispute between the deceased- Ankit Choudhari and his cousin brother Amit Choudhari (the applicant herein) with respect to the property and removing the soil from their land. At that time, some scuffling started between them and it is alleged that the co- accused Smt. Surajmaniya Choudhari assaulted the deceased by a piece of brick on his chest. After about 2-3 hours of the said incident, the deceased- Ankit Choudhari committed suicide by hanging himself in the roof beam of his room. The merg was intimated to the police and in the post-mortem, certain external and internal injuries have been found and the FIR has been registered against the applicant as well as co-accused Smt. Surajmaniya Choudhari. The present applicant has been arrested on 26.02.2025 and charge sheet has been filed. 3. Learned counsel for the applicant would submit that, there is no exact cause of death that the deceased died due to homicidal death, as he committed suicide in his house. There is no instigation or abetment to commit suicide from the applicant. The only allegation against the present applicant that, when the scuffling was going on between the deceased Ankit Choudhari and the present applicant, the co-accused Surajmaniya assaulted the deceased by piece of brick. There is no any grievous external injuries found on the body of the deceased and it is only internal injuries found in the postmortem report of the deceased, which may have been caused by other reasons also. There is no allegation of assault by any weapon. The applicant is in jail since 3 26.02.2025, the co-accused Surajmaniya has been released on bail and her case is also similar to the case of the present applicant, investigation has been completed and final adjudication of the case will take its own time, and therefore, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that there is allegation against the applicant that, he assaulted the deceased by piece of brick, by which the internal injuries have been caused to the body of the deceased, which has been also disclosed in the post-mortem report. Therefore, he along with the co- accused Surajmaniya Choudhari are responsible for causing injuries to the deceased and the present applicant 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, considering the nature of allegation against the present applicant and the postmortem report of the deceased, further considering the evidence of eyewitnesses Alok Choudhari, Ku. Aditi Choudhari, Smt. Nija Choudhari, Munnibai Choudhari, Smt. Khushwanti Choudhari, Bhuvneshwar Singh, Rajkumar Paikra, Suresh Tirkey, Sanjay Kindo, Kailash Choudhari, who all stated about the involvement of the present applicant in the offence in question and his active participation in the assault made to the deceased, I am not inclined to release the applicant on bail. So far as the bail granted to co-accused Surajmaniya Choudhari is concerned, she has been granted bail by this Court on 4 the ground that she being a lady aged about 68 years and having disability by one hand, and therefore, the applicant is not entitled for any parity with her. 7. Consequently, the bail application filed by the present applicant Amit Choudhari is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved