1 2025:CGHC:47763 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6998 of 2025 1 - Indarsai Prajapati S/o Late Bokulo, Aged About 55 Years R/o Village- Linepara, Semra P.S.- Kusmi, District Balrampur Ramanujganj (C.G.) Note- Village Name Wrongly Mention Of The Applicant In Impugned Order. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through, P.S.- Kusmi, District Balrampur Ramanujganj (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Navneet Kumar Yadav, Advocate. For Respondent(s) : Ms. Sunita Manikpuri, Dy. Govt. Advocate. u Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 17/09/2025 1. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 09.12.2024 in connection with Crime No. 136/2024 registered at Police Station Balrampur- Ramanujganj (C.G.) for the offence under Sections 103(1) and 238 of BNS. 2. The case of the prosecution is that on 09.12.2024, an FIR has been registered against the applicant for the offence under Section 103(1) and 238 of BNS, 2023 with the allegation that on 02.12.2024, the applicant has committed murder of his own son namely Roona Kumar Prajapati by assaulting a grinding stone and performed last rites of the dead body. After ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.09.17 18:46:31 +0530 2 due investigation the applicant has been arrested on 09.12.2024 and charge- sheet has been filed. 3. Learned counsel for the applicant would submit that there is no evidence against the applicant that he committed the murder of the deceased, the deceased is his own son and there is no motive to commit his murder. He is residing in another house, the wife of the deceased had gone to her sister’s house. Only on suspicion and after about a week of the date of incident she lodged the report. There is no post-mortem report to prove that the deceased died due to homicidal death. The 06 witnesses have been examined before the learned trial Court and all the witnesses have been turned hostile and not supported the prosecution case. In the FSL report there is no blood found on the grinding stone and there is every possibility of delay in conclusion of the trial, therefore, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and submits that there is sufficient material against the applicant that he entered into the room of the deceased by a whole which was due to heavy rain and after committing murder of the deceased, he performed his last rites without informing the police which shows his conduct and further he informed the other persons that the deceased died due to heavy drinking of liquor. He would also submits that out of 12 cited witnesses 06 witnesses have already been examined and the trial is at its advance stage, therefore, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the material annexed with the bail application. 6. Considering the rival submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the gravity of the offence that the allegation against the applicant that he committed murder of his own son and performed last rites of the dead body of the deceased without informing to 3 anyone about the unnatural death by injury, further that out of 12 cited witnesses 06 witnesses have already been examined, I am not inclined to release the applicant on bail. His bail application is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Alok