1 2025:CGHC:34555 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5397 of 2025 1 - Shani Kumar @ Karyanand Singh S/o Lal Mohan Singh Rajput Aged About 34 Years R/o Village Bhandara Police Station Khaira, District - Jamoi (Bihar) Present Address - Chandrapur Police Station Chandrapur District - Sakti (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer , Police Station Sarangarh District - Sarangarh - Bilaigarh (C.G.). ... Respondent For Applicant : Mr. Shubham Tripathi, Adv. For Respondent/State : Mr. Karan Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 21 / 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. 11/2024 registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 302 of IPC. Digitally signed by HEERA LAL SAHU Date: 2025.07.22 11:27:46 +0530 2 2. As per the prosecution’s case, it is alleged that on 03.01.2024 at about 11:30 am, the applicant murdered Roshan Kumar Singh by causing grievous hurt to him. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He also submits that PW-1 Manoj Kumar Singh is the complainant who stated that he arrived late at the crime scene and has not seen the applicant assaulting or beating the deceased, and also stated that PW-2 Shambhu Singh has not informed him about anything, whereas the prosecution's story states that PW-2 has informed PW-1. He further submits that PW-2 Shambhu Singh is stated to be an eyewitness who states that he has not given any statement to the police. He also submits that PW-3 Manoj Kumar Singh is also stated to be an eyewitness who states that he has not even visited the crime scene and also not given any statement to the police, but the police came about 5-6 pm and asked him for his signature for making the panchnama and notice for the incident. He further submits that no weapon has been seized from the applicant, and the medical examiner has not mentioned that the injuries were caused by any weapon and has only 3 stated that the death was due to internal haemorrhage and probably homicidal but antemortem in nature. The applicant is in jail since 05.01.2024, and 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 eyewitnesses Manoj Singh and Shambhu Singh have clearly stated that they had seen the applicant beating the deceased, and the death of the deceased is homicidal in nature, furthermore out of 22 witnesses only 3 witnesses have been examined and some important witnesses are remained to be examined; 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. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and gravity of the offence, 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 05.01.2024, it is an exceptional case, the concerned 4 trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible preferably within a period of 4 months from today. 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 H.L. Sahu