1 2025:CGHC:36603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5641 of 2025 1 - Kunjbihari Ekka S/o Mahto Ekka, aged about 32 years, R/o Village Saraitola, Police Station Bagbahar, District Jashpur (C.G.) (Description of the applicants mentioned as per charge sheet). 2 - Raju Ekka, S/o Mahto Ekka, aged about 27 years, R/o Village Saraitola, Police Station Bagbahar, District Jashpur (C.G.) (Description of the applicants mentioned as per charge sheet). 3 - Vijay Kispotta @ Puttu S/o Sandhya Kispotta, aged about 23 years, R/o Village Saraitola, Police Station Bagbahar, District Jashpur (C.G.) (Description of the applicants mentioned as per charge sheet). ...Applicants Versus State of Chhattisgarh, through The Station House Office, Police of Police Station Bagbahar, District Jashpur (C.G.) ... Respondent (Cause title is taken from Case Information System.) For Applicants : Mr. Aditya Bharadwaj and Mr. Dinesh Yadav, Advocate. For State : Mr. Akhilesh Kumar, G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 28 / 07 / 2025 1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023 for releasing them on regular bail during trial in connection with Crime No. 112/2024 registered at Police Station – Bagbahar, District – Jashpur (C.G.) for the offence punishable under Section 302 of the IPC read with Section 34 of IPC. 2. The prosecution case, in brief, is that the deceased is the brother- in-law of applicants No. 1 & 2 and applicant No. 3 is from their village. On 19.06.2024, Sanjay Xalxo went to his in-laws house at village Saraitola. the applicants with a common intention, gathered and at between 9 pm to 10 pm, they started beating Sanjay Xalxo with hands, fists, kicks and punches, saying that you don’t look after the welfare of our sister Ajanti properly and they will get her married again. As the result of assault, he suffered injuries near his right eye, back, chest, stomach and due to this health started deteriorating further, he was taken to Sitapur for treatment on 21.06.2024. Looking to his condition, doctor referred him to Ambikapur hospital and while taking him to the said hospital, he died in his village Jajga and on 21.06.2024. Based on this information, the police of police station Bagbahar, District Jashpur (C.G.) registered a report against the applicants under Crime No. 112/2024 and after the investigation, an offence under 3 Section 302/34 of the IPC has been registered against the applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and has been falsely implicated in the present case, and that the present applicants are made accused persons only on the basis of suspicion, they have not committed any offence as alleged against them. The evidence collected by the prosecution are also not prima facie sufficient to hold the applicants guilty of the aforesaid offence. Though, some important witnesses have been examined before the trial Court, yet there is major contradiction and omissions in their statements as they not supported the prosecution case. The present applicants have been arrested only on the basis of circumstantial evidence and they have been arrested on the last seen theory. The applicants are the permanent residents of the same village, as such there is no chance of absconding. It is further submitted that neither any quarrel took place between the applicants and the deceased, nor they beaten him. There is no criminal antecedents of the applicants and they have been in jail since 28.07.2024. There is no likelihood of his case being decided in the near future, therefore, the present applicants may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that out of 22 witnesses only 05 have been examined till date and there are some important witnesses 4 still remained for examination, therefore, at this stage, they 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 and the evidence against the applicant, further considering the fact that out of 22 witnesses only 5 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. However, concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 7. 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 U.K. Raju