1 2025:CGHC:27391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4804 of 2025 Jitendra Kujur S/o Sukhdev Aged About 40 Years R/o Harratoli, Police Station Shankargarh, District Balrampur Ramanujganj Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Shankargarh, District Balrampur Ramanujganj Chhattisgarh. ... Respondent For Applicant : Shri Aditya Kumar Mishra, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.185/2024 registered at Police Station Shankargarh, District Balrampur- Ramanujganj (C.G.) for the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 14:33:45 +0530 2 offence punishable under Sections 109, 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 07.11.2024, in the evening, accused Jitendra Kujur hired the pick-up vehicle of co- accused Neelu Toppo and went to his in-laws' house in Village Bharatpur Bhandartoli. There, he asked his wife Anita alias Kisanti about the whereabouts of their daughter. When his wife informed him that the child was sleeping inside the house, he began to enter the house. At that moment, his father-in-law, Maluva Nagesia, who was having his meal, objected and began arguing with him, saying that he had come to the house again. Enraged, the accused struck his father-in-law with a tangi (axe) that was kept near the door and fled from the scene along with co-accused Neelu Toppo. Based on the report lodged by the complainant Anita alias Kisanti, Crime No. 185/2024 was registered at Police Station Shankargarh under Sections 109 and 3(5) of the Bhartiya Nyay Sanhita, 2023. During the course of the investigation, the injured Maluva Nagesia succumbed to his injuries while undergoing treatment. Consequently, Section 103(1) of the Bhartiya Nyay Sanhita was also added. 3. It has been argued by learned counsel for the applicant that the applicant is the husband of the complainant and the deceased is the father-in-law of the applicant. It is stated that the marriage of the applicant with the complainant both were second marriage and from the wedlock a girl child was born. It is stated that the 3 complainant was living at her parental house along with the minor daughter of the applicant and the applicant used to visit the house of his in-laws and on the day of the incident there was a quarrel between the applicant and his wife which annoyed his father-in- law and the applicant is said to have assaulted his father-in-law with a tangi and one single injury was caused on his head and as per the postmortem report the death is due to head injury caused by hard and blunt object. He submitted that the prosecution has given a contradictory stand with respect to the weapon of assault which goes to show that the deceased received injury in some other manner and not as stated by the prosecution. It is further pointed out that three prosecution witnesses including the wife who is complainant of the case her evidence has been recorded by the trial court. He would submit that the charge sheet has been filed, applicant is in jail since 8/11/2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submitted that the applicant has caused injury by tangi on the head of the deceased who died on account of head injury and the trial is in progress three prosecution witnesses have been recorded and if the applicant is released on bail at this stage, it will hamper the trial. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, considering the fact that the applicant has caused injury by tangi on the head of the deceased who died on account of head injury and the trial is in progress, three prosecution witnesses have been recorded and also considering the fact that if the applicant is released on bail at this stage, it will hamper the trial, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Jitendra Kujur involved in Crime No.185/2024 registered at Police Station Shankargarh, District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 109, 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri