1 2025:CGHC:38434 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5989 of 2025 Banas Kumar Yadav Alias Bansu Yadav S/o Jagatram Aged About 39 Years R/o Village Lamni, Post Khudiya, Thana Lormi, District : Mungeli, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through P.S. Thana Lormi, District : Mungeli, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Ranjan Gupta alongwith Mr. Aatish Mishra and Mr. Kishan Kumar Kashyap, Advocates For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 322/2024, registered at Police Station Lormi, District : Mungeli (CG) for the offence punishable under Section 105 of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that the deceased, Makin Bai, died during treatment at Community Health Centre, Gourela, after which a zero FIR was registered at Gourela Police Station and later transferred to Lorami Police Station, where it was registered as Marga No. 63/2024 under Section 194 of the BNSS. During the investigation, statements of the deceased's daughter, Arti Yadav, son, Ravindra Yadav, and mother-in-law, Ramniba Bai, were recorded. They stated that on September 7, 2024, the accused had gone out for work and returned home to find the deceased lying in the room. When asked, the deceased told them that the accused had kicked her in the stomach during a domestic dispute over delayed cooking, causing severe pain. They took her to the Primary Health Centre, Kewachi, and later to the Community Health Centre, Gourela, where she died on September 8, 2024. The post-mortem report revealed that the death was caused by internal injuries with internal hemorrhage shock. After investigation, the Lorami Police Station registered a case against the applicant/accused under Section 105 of the Bharatiya Nyaya Sanhita, and after completing the investigation, the charge sheet was filed for trial. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case only on the basis of mere suspicion. He further submit that so far as the status of trial is concerned, the statement of all 5 important witnesses, who are the family members have already been recorded before the trial 3 Court and none of them have supported the prosecution's case. The applicant is in jail since 15.09.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the accused allegedly kicked the deceased in the abdomen during a domestic dispute over delayed cooking, resulting in severe abdominal pain. Subsequently, the family members took her to the Primary Health Centre, Kewachi, and later to the Community Health Centre, Gourela, where she succumbed to her injuries on September 8, 2024. The post-mortem report confirms that the cause of death was internal injuries leading to hemorrhage and shock, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the case diary, it prima facie appears that the applicant / accused, who is the husband of deceased allegedly kicked the deceased in the abdomen during a domestic dispute over delayed cooking, resulting in severe abdominal pain. Subsequently, the family members took her to the Primary Health Centre, Kewachi, and later to the Community Health Centre, Gourela, where she succumbed to her injuries on September 8, 2024. The post-mortem report confirms that the cause of death was internal injuries leading 4 to hemorrhage and shock. 7. Considered the nature of the allegations, the specific role attributed to the applicant, the medical evidence confirming internal injury as the cause of death, so far as the status of trial is concerned, 5 witnesses, who are the family members have turned hostile, but the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of applicant-Banas Kumar Yadav Alias Bansu Yadav, involved in Crime No. 322/2024, registered at Police Station Lormi, District : Mungeli (CG) for the offence punishable under Section 105 of Bharatiya Nyaya Sanhita (BNS), is rejected. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of four months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil