1 2025:CGHC:24484 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3968 of 2025 1. Suresh Vishwakarma S/o Ramkumar Vishwakarma, Aged About 40 Years, R/o Banjar Para Ward No. 08, Saddu, P.S. Vidhan Sabha, District Raipur Chhattisgarh. 2. Pooja @ Babli Vishwakarma D/o Ramkumar Vishwakarma, Aged About 35 Years, R/o Banjar Para Ward No. 08, Saddu, P.S. Vidhan Sabha, District Raipur Chhattisgarh. ... Applicants versus 1. State Of Chhattisgarh Through Station House Officer, Police Station Vidhan Sabha, District Raipur Chhattisgarh. ... Respondent For Applicants : Mr. C.R. Sahu, Advocate. For Respondent/State : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 16 / 06 / 2025 1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 159/2024 SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.17 11:25:34 +0530 2 registered at Police Station – Vidhan Sabha, District – Raipur (C.G.) for the offence punishable under Section 302, 34 of IPC. 2. As per the allegation made by the prosecution, in brief, is that on the date of incident, a family dispute arose between the deceased Ramkumar Vishwakarma and his children (the applicants) regarding house tax. The applicants allegedly assaulted their father, Ramkumar Vishwakarma, with their hands and fist, causing him fall to the ground, which resulted in his death. Based upon such complaint, offence has been registered against the applicants. 3. Learned counsel for the applicant submits that the applicants are innocent and has been falsely implicated in the present case. It is further contended that the deceased Ramkumar was aged about 70 years and was suffering from B.P. and various illness, due to this suddenly he fell down on the ground and died. He further submits that only on the basis of memorandum statement, the police has arrested the applicants in connection of this crime but they have not committed any aforesaid offences as alleged by the prosecution against them. He further submits that the applicants have no criminal antecedents and they are in custody since 18.03.2024. There is no likelihood of their case being decided in the near future, therefore, the present applicants may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that out of 15 witnesses only 02 witnesses have been examined till date and there are some 3 important witnesses still remained for examination, therefore, at this stage, he may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicants, further considering the fact that only 02 witnesses out of 15 witnesses have been examined and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicants on bail. 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. However, concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.