1 2025:CGHC:46946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4715 of 2025 1 - Umashanker Patle S/o Vijay Patle Aged About 30 Years R/o Village Sagounadih, Police Station- Pandariya, District- Kabirdham (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Pandariya, District Kabirdham (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Amit Kumar, Advocate For Respondent(s)/State : Mr. Suyashdhar Badgaiya, Deputy G.A. Hon'ble Shri Justice Ravind ra Kumar Agrawal Order on Board 12/09/2025 1. This is the first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the applicant, who is arrested on 27.11.2024, in connection with Crime No. 394 of 2024, registered at Police Station Pandariya, District Kabirdham (C.G.) for the offence under Sections 296, 115(2), 351(2), 3(5), 103(1) and 49 of Bharatiya Nyaya Sanhita, 2023. VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.09.12 19:38:18 +0530 2 2. The case of prosecution, in brief, is that, on 23.11.2024, the applicant, who is the husband of the deceased- Rekha Patle assaulted her by lathi, by which she received multiple injuries, and ultimately, died on 26.11.2024 during the treatment. The deceased herself lodged report to the police, on which FIR has been registered, and the applicant and his parents have also been made accused and they were arrested. 3. Learned counsel for the applicant would submit that, the deceased was having ailment and she died due to her ailment and not by the assault. The doctor has not specifically made any report that from which injury she died. The injuries found on the body of the deceased were simple in nature. There is no eyewitness to the incident and there are other inmates in the house also, therefore, the only allegation against the applicant is that he was not having cordial relation with the deceased, on which she has implicated in the offence. The applicant is in jail since 27.11.2024. The other co- accused persons Smt. Phoolmani Patle and Vijay Patle have been released on bail by this Court vide order dated 28.04.2025, passed in MCRC No. 2760 of 2025 and their case are similar to the case of present applicant, therefore, he may also be enlarged on bail. 4. On the other hand, learned counsel appearing for the State opposes and has submitted that the present applicant is the husband of the deceased and the deceased herself has lodged report to the police, in which she specifically made allegation against the applicant that he assaulted her by lathi, hand and fists, by which she received 3 injuries and ultimately died. In the postmortem report, doctor has clearly opined that the cause of death is ‘hypovolemic shock as a result of assault’ and the injuries have been found on the body of the deceased. He would further submit that out of 31 cited witnesses, 06 witnesses have been examined till date before the learned trial Court and the trial is in progress, and therefore, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the material annexed with the case. 6. Considering the submissions made by the parties, considering the nature of allegation and the material collected during the investigation, particularly considering the FIR, which has been lodged by the deceased herself, the postmortem report of the deceased and also the fact that 06 witnesses have been examined before the learned trial Court and the trial is in progress, I am not inclined to release the applicant on bail. 7. Accordingly, the present bail application of applicant is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved