1 2025:CGHC:27022 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4443 of 2025 1 - Bhim Shyam S/o Panchram Alias Shyam Aged About 21 Years R/o Village Baangar Thana Kukdur District- Kabeerdham (C.G.) ... Applicant versus 1 - State of Chhattisgarh through Station House Office, Police Station Kukdur, District - Kabeerdham (C.G.) ... Respondent For the applicant : Mr. Sumit Shrivastava, Advocate For the State : Mrs. Pragya Shrivastava, P.L. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 23/06/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.32/2024 registered at Police Station Kukdur District Kabeerdham (C.G) for the offences under Sections 302 & 201 of IPC. 2. The prosecution story is that a merg intimation was lodged by the applicant himself that his brother consumed excessive liquor and due to A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.25 17:22:38 +0530 2 inebriation, slept on the floor and on the next day morning, when he tried to wake him up, his brother did not respond and it was realized that his brother has died due to heavy consumption of liquor. During investigation, it was found that the applicant and the deceased’s wife had illicit relations and as per postmortem report, the doctor opined the nature of death is homicidal and the prosecution story was confessed by the applicant in his memorandum statement, therefore, he was arrested. 3. Learned counsel for the applicant submits that the death of deceased was due to heavy consumption of liquor and the applicant has been falsely implicated only on suspicion that he had developed affairs with the deceased’s wife. He further submits that the applicant has been arrested on his memorandum statement, which is not admissible piece of evidence. He submits that the applicant is in jail since 11.03.2024 and the trial has not yet commenced, therefore, looking to the long custody period of the applicant, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that from the medical report, it is clear that the deceased was killed by pressing his neck and his death was not due to consumption of liquor. 5. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, I am not inclined to release him on regular bail. Accordingly, the bail application is rejected. 3 6. However, looking to the custody period of the applicant and the delay in disposal of trial, the trial Court is directed to expedite the trial and ensure that the trial is concluded as early as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Rao