1 2025:CGHC:43326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5809 of 2025 1. Dharamchand Jaiswal S/o Late Ramadhar Jaiswal, Aged About 50 Years R/o Village Rameshpur, P.S. Raghunathnagar, District Balrampur Ramanujganj C.G. ... Applicant versus 1. State Of Chhattisgarh Through P.S. Raghunathnagar, District Balrampur - Ramanujganj C.G. ... Respondent For Applicant : Mr. Akath Kumar Yadav, Advocate For Respondent : Mr. Kishan Lal Sahu, Dy. Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 26.08.2025 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. of 2023 for grant of regular bail, as he has been arrested on 19.07.2024 in connection with Crime No. 31/2024, registered at Police Station Raghunathnagar, District - Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 302, 201, 304(B) read with 34 of Indian Penal Code. 2. Case of the prosecution, in brief, is that merg intimation No. 21 of 2024 under Section 174 CrPC was registered and on the basis of MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.08.29 17:49:26 +0530 2 merg intimation, FIR was registered against unknown person thereafter postmortem was conducted of the deceased wherein cause of death was asphyxia due to strangulation time since death 12-24 hrs, prior to PM conducted nature of death was homicidal. Further case of the prosecution is that on 30.04.2024 after taking dinner Durgawati and her husband went to sleep and when he woke up at 2.30 PM in the night, he did not find his wife thereafter he started to search his wife and on next day at about 6.00 AM his mother informed him that his wife committed suicide by handing in the tree. During investigation, the police arrested the applicant on the allegation that the deceased was subjected to torture by the application for demand of dowry, thereby the offence has been committed. 3. Learned counsel for the applicant would submit that the applicant is innocent as he was not involved in the commission of offence, but subsequently he has been arrested and at the time of submisssion of final report he has been arrayed as accused. He would further submit that only 3 witnesses have been examined, 33 witnesses have to be examined and all the 3 witnesses have been turned hostile. He would further submit that the applicant is in jail since 19.07.2024 and more than 1 year has already been lapsed and no progress has been taken place in the trial as only 3 witnesses have been examined and other witnesses are not appearing before the trial Court causing delay in the trial proceedings. He would further submit that the accused was working in the NTPC and posted at Singrauli at Sakti Nagar, District - Singrauli (M.P.), as such, there is no material has 3 been collected by the prosecution regarding involvement of the applicant in the crime in question, thus, he would pray for releasing the applicant on bail. 4. Per contra, learned State counsel opposing the submission would submit that at the time of submission of final report the applicant has also been arrayed as accused and as per the post mortem report cause of death is due to stimulation, as such, there is sufficient material against the applicant, thus, he would pray for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the gravity of the offence, I am not inclined to release the applicant on bail. However, it is directed that the copy of the be forwarded to the concerning Superintendent of Police to see that all the witnesses listed by the prosecution are available before the trial Court for recording of the evidence as per the dates given by the trial Court. 7. Accordingly, the bail application is rejected. Sd/- (Narendra Kumar Vyas) Judge Manish