1 2025:CGHC:33464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4024 of 2025 Mukesh Kurrey S/o Late Lakhanlal Kurrey Aged About 39 Years R/o Bankimongra, Dhanvari Side, P.S.- Bankimongra, District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through P.S.- Pali, District- Korba, Chhattisgarh ... Respondent For Applicant : Mr. Manish Nigam, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 138/2024 registered at Police Station – Pali, District – Korba (C.G.), for the offence punishable under Section 302 and 376 of the Indian Penal Code, 1860. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.17 20:47:25 +0530 2 2. According to the prosecution's case, on the intervening night of 25- 26 April 2024, the deceased Shakuntala Ratrey, aged 38 years, resident of Bankimongra, District Korba, was found dead under suspicious circumstances near Bhawar Talab, Ghunghuttipara, Kanjipani, within the jurisdiction of Chaitma Outpost, P.S: Pali, District: Korba (C.G). The body was discovered lying face-up with blood from the nose, tongue protruding, and signs of strangulation around the neck. A used pair of slippers and a saree were found at the scene. Following initial unidentified status, the deceased was later identified by her husband Bhajoram Ratrey. He stated that the deceased had left home on 25 April 2024 at around 4:00 PM, allegedly to visit Bankimongra hospital, but did not return. Upon inquiry, suspicion fell on Mukesh Kumar Kurrey, a relative (nephew- in-law) of the deceased, with whom she was alleged to have had prior illicit relations. It was found that Mukesh had left home with a car that morning and was later involved in a road accident. The deceased's purse was recovered from his vehicle, and Mukesh, after the incident, reportedly attempted self-harm by running in front of a heavy vehicle, resulting in severe injuries and hospitalization at Apollo Hospital, Bilaspur. 3. Statements from witnesses, including the husband and 05 others, consistently raised suspicion of homicidal death. The post-mortem report confirmed the cause of death as asphyxia due to strangulation by a ligature, classifying it as homicidal in nature. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the case 3 of the prosecution rest upon the circumstantial evidence and the chain of circumstances are incomplete, hence, prima facie, offence under Section 302 and 376 IPC is not made out against the applicant, further when the applicant left for duty, he himself was severely injured in a road accident. He further submits that the prosecution has cited 49 witnesses to prove its case till date, yet only two witnesses have been examined before the Trial Court. He also submits that the applicant has no criminal antecedents and he is in jail since 28.08.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the applicant was in illicit relationship with the deceased, who was the maternal aunt of the applicant. He further submits that the FSL report confirmed the presence of human spermatozoa in the vaginal swab of the deceased and the DNA profile also matches with that of the accused/applicant. He further submits that the wife of the applicant herself has stated that the car which belongs to the applicant, the belongings of the deceased such as Aadhar Card, photo and purse were found in the car, therefore, he is not entitled for grant of regular bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature and gravity of the offence, and further, it has been stated by learned State Counsel that FSL and 4 DNA reports are positive and that the belongings of the deceased were found in the car of the applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, the first bail application of the applicant – Mukesh Kurrey, involved in Crime No. 138/2024 registered at Police Station – Pali, District – Korba (C.G.), for the offence punishable under Sections 302 and 376 of the Indian Penal Code, is rejected. 9. Concerned Trial Court is directed to expedite the trial and conclude the same on day to day basis. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti