1 2025:CGHC:6151 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 499 of 2025 Munna Kispotta S/o Late Shaniram Kispotta Aged About 35 Years R/o Village Pakhnakot (Ganjhapara ) Police Station Kapu District - Raigarh (C.G.) . ...Applicant versus State of Chhattisgarh Through Police Station -Kapu District - Raigarh (C.G.).. --- Respondent For Applicant : Mr. DP Mishra, Advocate. For Respondent/State : Ms. Pragya Shrivastava, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/02/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.14/2022, registered at Police Station - Kapu District - Raigarh (C.G.), for commission of offence punishable under Sections 302 of IPC 2. Case of prosecution, in brief, is that present applicant has assaulted his father Shaniram Kispotta (deceased) by means of wooden cot-board, due to which, he suffered grievous injuries and died. Based upon report, FIR was registered against the applicant and he has been arrested in the aforementioned crime/offence. 2 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Jaimani Kispotta & Ramiya Kispotta, eye-witness of the incident examined before the trial Court as PW-1 & PW-2 and they have not support the case of prosecution. There is no evidence/material available to connect this applicant in the aforementioned crime/offence. Applicant is in jail since 13.02.2022, charge sheet has been filed, conclusion of trial may take some time, hence, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and would submit that there is specific allegation against the applicant of committing the aforesaid offence/crime, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, eye-witness Jaimani Kispotta & Ramiya Kispotta (PW-1 & PW-2) have not support the case of prosecution and turned hostile, further considering that there is no evidence/material which shows that applicant has made any attempt to tamper with the prosecution witnesses, applicant is not having any previous antecedent, period of detention of applicant ie since 13.02.2022, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the 3 case so as to dissuade him from disclosing such fact to the Court. b) applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.