1 2025:CGHC:49326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7269 of 2025 1 - Karan Porte S/o Kartik Porte Aged About 27 Years R/o- Village Serikhedi, Gondpara, Police Station Mandir Hasaud, District- Raipur Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station Mandir Hasaud, District- Raipur Chhattisgarh. ... Respondent For applicant : Mr. Krishna Tandan and Mr. Sanjay Agrawal, Adv. For Respondent : Mr. Shailesh Puria, Panel Lawyer. (Hon’ble Mr. Naresh Kumar Chandravanshi, J ) Order on Board 25/09/2025 1. This is 2nd bail application filed under Section 483 of the Bhartiy Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 98/2021 registered at Police Station Mandir Hasaud, Distt. Raipur (C.G.), for the offence punishable under Sections 302 and 307 of the IPC. His first bail application bearing MCRC No. 5315/2023 was dismissed by this Court as withdrawn vide order dated 6-11-2023. 2. Facts of the case in nutshell are that, minor victim/deceased and applicant were residents of same village and they were neighbour also. Digitally signed by AVANISH KUMAR PATHAK Date: 2025.09.26 14:13:22 +0530 2 Applicant used to stalk the victim, while she went to her school by saying that, he loves her. Despite refusal by the victim/deceased, applicant did not improve his conduct and in the night of 10-3-2021, at about 3.00 am, when she was sleeping in her house, at that time, applicant went there and by asking that he could not live without her, therefore, he will die and also took her with him and pored kerosene upon her and himself also. Applicant also set ablaze both of them, thereafter he fled from the spot. The victim/deceased went outside from the room by crying, to which, her family members came and extinguished the fire. The victim sustained burn injuries. She was admitted in Shrikrishna Multi-Specialty Hospital, Abhanpur, from where, she was referred to Shri Sankalp Multi-Speciality Hospital, Sarona, where she succumbed to the injuries on 27-3-2021. Earlier FIR for offence under Section 307 of the IPC was registered by the police. After death of victim, offence under Section 302 of the IPC was added. Appellant was arrested on 6-7-2021. After investigation, charge sheet was filed on 24-7-2021. 3. Learned counsel for the applicant would submit that, charge sheet has been filed on 24-7-2021. Charge was also framed after filing of charge sheet, despite that, till date, out of 19 witnesses, only 8 witnesses have been examined. Material witnesses have been examined along with father and mother of the victim/deceased. He further submits that, deceased died after about 17 days from the date of incidnt and as per medical report, burn was only 56%. There is no direct witness against the applicant. Even formal dying declaration of deceased has not been 3 recorded. Conclusion of trial is likely to take long time. The applicant is in jail for last more than 4 years, therefore, he prays that bail may be granted to him. 4. Per contra, learned Panel Lawyer appearing for the State would submit that, the applicant not only pored kerosene upon the deceased, rather he also pored kerosene upon himself and also set ablazed both of them, therefore, applicant also sustained 22% burn injury, hence he was admitted in DK Super Specialty Hospital, Raipur from 10-3-2021 till 18-3-2021. Trial is on the verge of conclusion. He further submits that earlier one more offence bearing Crime No. 122/2016 under Sections 241, 506 and 354 of the IPC was also registered against the applicant at PS Mandir Hasaud. Hence applicant may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the material available on the case diary. 6. As per charge sheet, though applicant had also sustained 20% burn injuries and he remained admitted in DK Super Specialty Hospital for 8 days, but none of prosecution witnesses have stated in their statement recorded under Section 161 of the Cr.P.C. that, they had seen the applicant running away from the house of the deceased. The deceased had sustained only 56% burn injuries and she died after about 17 days from the date of incident. Applicant is in jail for last more than 4 years. Out of 19 witnesses, 11 witnesses are yet to be examined. The offence bearing Crime No. 122/2016 registered against the applicant is not for 4 any heinous offence. Hence considering the totality of the facts of the case, I feel inclined to release the applicant on bail. 7. Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with two sureties each of the like amount to the satisfaction of the concerned trial Court for his appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance. Certified copy as per rules. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak/-