1 2025:CGHC:36007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5432 of 2025 1 - Santosh Patail S/o Ram Manohar Patail Aged About 46 Years R/o Bhelwadih Police Station- Kharsia Distt- Raigarh (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Police Station Kharsiya District Raigarh (C.G.) ... Respondent/Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For State : Mr. Suyash Dhar Badgaiya, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 24-07-2025 1. This is the first bail application filed by the applicant under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No.268/2024, registered at Police Station Kharsiya, District Raigarh, Chhattisgarh for the offence under Sections 294, 323, 302, 34 of Indian Penal Code, 1860. 2. The case of prosecution in brief is that, on 26.05.2018, the deceased has kidnapped the daughter of the present applicant and committed rape upon her. The report has been lodged against the deceased-Deepak Patel, for which he was being prosecuted for the offence under Sections 363, 366 and 376 of IPC and Sections 4 and 6 of POCSO Act. The deceased was released on bail on 03.05.2024 in that offence. On 09.05.2024, when the marriage Digitally signed by MOHAMMAD AADIL KHAN 2 function of younger daughter of the applicant was going on, the deceased came there in the village and created nuisance by hurling abusive language there, which was objected by the accused persons and their family members and some altercation took place between them. The altercation converted into the assault and the present applicant and his family members have assaulted the deceased by iron rod, bamboo club and hand and fist, by which the deceased- Deepak Patel received various injuries on his body and he died on 10.05.2024 at hospital during his treatment. The merg was intimated to the police and after merg inquiry and postmortem of the dead body, the FIR has been registered against the present applicant as well as other accused persons for commission of murder of the deceased- Deepak Patel. The applicant has been arrested on 10.05.2024 and after investigation charge sheet has been filed. 3. Learned counsel for the applicant would submit that the present applicant is innocent and there is no witness of their family member that the present applicant is also participated in the assault. He would further submit that the deceased belongs to other village and on the date of incident he came to the place of incident and started creating nuisance by which the family members were trying to stop him from doing so. By which he became aggravated and started hurling lathi in between that period to other persons have beaten him. He would further submit that the marriage function was going on in the house of the applicant yet no eyewitnesses are there of their family members. The witnesses upon whom the prosecution case is based are the resident of other places. He was attacked by the mob when he tried to create nuisance in the marriage function by which he received injuries. Since the applicant is the person in whose house marriage function was going on, therefore, he has also been made an accused in the alleged offence. The applicant is in jail since 10.05.2024 and till date only nine witnesses have been examined and final adjudication of the case will take its own time. He would further 3 submit that the co-accused Rameshwari Patail has been granted bail and the case of the present applicant is also similar to her, therefore, he may be enlarged on bail. 4. On the other hand, learned counsel for the state opposes and have submitted that from the evidence of eyewitnesses, Nagendra and Neeraj, and also the other witnesses Sanjay, Sameer, Rathram, Pitamber & Abhishek, the involvement of the present applicant in the offence in question is appears to be made out. Number of injuries on the body of the deceased are found and an iron rod has been seized from the present applicant, co- accused Rameshwari Patail has been granted bail on the ground that she is lady, therefore, he is not entitled for bail. 5. I have heard learned counsel for the parties and perused the documents annexed with the application. 6. Considering the submissions made by learned counsel for the parties and considering the nature of allegation and material collected during the investigation, and further considering the act of the applicant as alleged by the eye-witnesses and one iron rod has been seized from him, the co- accused Rameshwari Patail, has been granted bail on the ground that she being a lady, whereas, the present applicant has also assaulted the deceased which has been stated by the injured eye-witness Nagendra and eye-witness Neeraj, I am not inclined to release the present applicant on bail. 7. Consequently, the present application filed by the applicant for grant of bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Aadil