Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5092 of 2025 1 - Devnath Chouhan S/o Madhusudan Chouhan, Aged About 29 Years, Resident Of Village Dhumabhatha, P.S. Basna District- Mahasamund Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Basna District - Mahasamund Chhattisgarh. ... Respondent For Applicant : Ms. Ranjeeta Patel, Advocate. For Respondent/State : Mr. Karan Kumar Baharani, P.L. 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. 476/2021 registered at Police Station – Basna, District – Mahasamund (C.G.) for the offence punishable under Section 302 of the IPC. 2. The prosecution case, in brief, is that the complainant informed the concerned Police Station that on the date of incident, the SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.15 10:23:55 +0530
2 applicant, after consuming liquor, allegedly poured kerosene oil on his wife (deceased) and set her on fire. Based on this information, the police registered a report against the applicant and after the investigation, an offence under Section 302 of the IPC has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and that he has not committed any offence as alleged against him. It is further submitted that the deceased, who was the applicant's wife, was residing with him peacefully, and that she committed suicide by pouring kerosene oil on herself due to depression and mental harassment. It is also submitted that the applicant admitted his wife to the hospital on 01.9.2021, where she succumbed to her injuries and died 06.09.2021, during treatment. The applicant has no criminal antecedents and has been in jail since 13.09.2021. 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 counsel for the State opposes the bail application and submits that out of 33 witnesses only 10 have been examined till date and there are some important witnesses still remained for examination, therefore, at this stage, he may not be enlarged on bail. 5.
I have heard learned counsel for the parties and perused the case diary. 3
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 only 10 out of 33 witnesses have been examined and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 7. However, considering the fact that the applicant is in jail since 13.09.2021 about more than 03 years. 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. 8. 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.