-1- 2025:CGHC:29093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4656 of 2025 Ishwar Ram Banjara S/o Late Pandey Ram Banjara Aged About 37 Years Caste- Nayak, Occupation - Service (Man Health Worker), R/o Baturabahar (Gautiyapara), Police Station - Patthalgaon, District- Jashpur, Chhattisgarh. ... Applicant (s) versus State Of Chhattisgarh Through - Station House Officer, Patthalgaon, District- Jashpur (C.G.) ... Respondent(s) For Applicant : Mr. Aditya Bhardwaj, Advocate For State : Mr. T.S. Sahu, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 30/06/2025 1. Applicant has filed this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail as he was arrested in connection with Crime No.262 of 2023 registered at Police Station –Patthalgaon, District- Jashpur, (CG) for offence punishable under Sections 302, 212, 34 of IPC. 2. This is the third bail application on behalf of the applicant. His earlier two bail applications were dismissed as withdrawn. Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.07.08 10:21:21 +0530 -2- 3. Case of the prosecution, in brief, is that on 31st August 2023 when Faguram consumed liquor along with Sushil Banjara, Nakul Banjara and Love Singh Banjara, Sumitra (wife of Faguram) came there and screamed upon Faguram that even after the advice given by doctor not to consume liquor he is consuming liquor and took Faguram along with her to her home . After some time applicant along with Love Singh came to house of deceased, knocked the door which was opened by Faguram, upon which, applicant caught hold of hands of deceased, dragged her outside the house and assaulted her by means of stone over her had, due to which, she suffered grievous injuries and succumbed to injuries. The incident was reported to concerned police station and during course of investigation, applicant was arrested on 06.09.2023. 4. Learned counsel for applicant submits that all the material witnesses have now been examined and they have not supported the case of prosecution. In the evidence of Sushil Banjara, Nakul Banjara and Love Singh Banjara, it has come that it is Faguram who has assaulted the deceased. He further contended that Faguram (PW1) in his evidence has accepted that after the injuries suffered by his wife he took her to near bamboo three and, therefore, there is no evidence against the applicant in commission of alleged offence. 5. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant. -3- 6. I have heard learned counsel for the parties and also perused the documents placed along with the bail application. 7. Taking into consideration the facts and circumstances of the case, manner in which the offence is committed and further the deposition sheets as enclosed along with bail application, I do not find present to be a fit case to grant bail to applicant. 8. Application is accordingly dismissed. However, taking note of the fact that applicant is in jail since 06.09.2023 and out of 17 enlisted witnesses, 14 witnesses have already been examined till 31.05.2025, learned trial Court is directed to expedite the trial. Sd/--/- (Parth Prateem Sahu) Judge Praveen