1 2025:CGHC:32792 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4871 of 2025 1 - Shyam Singh S/o Late Rajesh Singh, Aged About 21 Years, R/o Village Pathkapur, Chowki-Khadgava, P.S. Pratappur, District Surajpur, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer Chowki- Khadgava, P.S. Pratappur, District Surajpur, Chhattisgarh. ... Respondent For Applicant : Mr. Aman Kumar Kesharwani, Advocate. For Respondent/State : Ms. Sunita Manikpuri, Dy.G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 14 / 07 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 45/2024 registered at Police Station –Pratappur, District –Surajpur (C.G.) for the offence punishable under Section 302 of IPC. 2. The case of the prosecution is that, 25.1.2024, Budheshwar (deceased) was consuming alcohol with Puran Yadav, and SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.15 10:23:52 +0530 2 Mahesh Yadav and the applicant. A dispute arose between the applicant and the deceased, which was temporarily resolved by Puran Yadav and Mahesh Yadav, who then left for their homes. However, as they were heading home, a further altercation took place between the applicant and the deceased, resulting in the applicant allegedly drowning the deceased in a pond. A Merg Intimation was recorded and the applicant was arrested on suspicion based on being the last person seen with the deceased. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is argued that the applicant has no involvement in the crime and was arrested solely based on the last seen theory, as testified by PW-4 (Puran Yadav) and PW-5 (Mahesh Yadav), due to the absence of eyewitnesses. No incriminating material has been seized from the applicant's possession. The applicant has a clean record, with no criminal antecedents, and has been in jail since 28.1.2024. There is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 4. On the other hand, learned State counsel opposed the bail application, submitting that in an extra-judicial confession of PW-3 (Devnath Yadav), the applicant allegedly admitted to pushing Budheshwar (deceased) into the pond after Budheshwar made abusive language about the applicant's sister. There are total 26 witnesses out of which only 11 have 3 been examined till date, therefore, at this stage, the applicant may not be released 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 applicant, further considering the fact that out of 26 witnesses, only 11 have been examined till date, and and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 8. However, considering the fact that the applicant is in jail since 28.01.2024 about more than 01 year. It is an exceptional case, therefore, concerned trial Court is directed to expedite the trial as early as possible preferably within a period of 04 months. 9. 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.