1 2025:CGHC:43329 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6424 of 2025 Kamlesh Nageshiya S/o Roman Nageshiya, Aged About 31 Years R/o Mahuadih, P.S. Shankargarh, District Balrampur Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Shankargarh, District Balrampur Ramanujganj (C.G.) ... Respondent For Applicant : Mr. Sanjay Yadav, Advocate For Respondent : Mrs. Sunita Manikpuri, Deputy Government Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 26/08/2025 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 107/2024 registered at Police Station – Shankargarh, District - Balrampur-Ramanujganj (C.G.) for offence punishable under Sections 302,201 of IPC and Section 27 of Arms Act. ALFIZA BAIG Digitally signed by ALFIZA BAIG 2 2. Case of prosecution in brief is that applicant has committed murder of his son- Avinash in his house. In mid night, when Indramati Nageshiya awake and she did not find her elder son- Avinash on bed, she went out and asked applicant (her husband) about the whereabouts of Avinash, upon which he stated that he murdered him. She found blood lying on the floor of the courtyard, and dead body at nearby agricultural field. Incident was reported to the concerned Police Station, based upon which FIR was registered and applicant was arrested on 26.05.2024. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. There is no connecting evidence against him. He is in jail since 26.05.2024. . Hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for applicant and further submits that there is specific allegation against applicant of committing murder of his son- Avinash. She also submits that Indramati Nageshiya is an important witness who is wife of applicant and mother of deceased, who in her statement stated that in the night, applicant was in aggressive mood of committing murder of his mother, however, somehow the other family members rescued the mother-in-law and, thereafter, went inside the room to sleep. In the mid night when she awake, she did not found her elder son- Avinash in bed and when she went out she saw blood lying on the floor of the courtyard and applicant has confessed the commission of offence before her. 5. I have heard learned counsel for the parties. 3 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties, I do not find the present case as a fit case to allow the application, accordingly, the application is dismissed. sd/- (Parth Prateem Sahu) JUDGE alfiza