1 2025:CGHC:239 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8591 of 2024 Vijay Bahadur Singh Kanwar S/o Puran Singh Kanwar Aged About 32 Years R/o Tanakhar, Police Station and Tahsil-Katghora, District- Korba, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Katghora, District- Korba, Chhattisgarh. ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Krishna Kumar Dewangan, Advocate For State-Respondent : Ms. Priya Sharma, PL ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02/01/2025 1. Heard. 2. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.399/2024 registered 2 at Police Station Katghora, District Korba (C.G.), for the offence punishable under Section 103(1) of the BNS. 3. Case of the prosecution, in brief, is that on 26.09.2024, the complainant Chandesh Kumar Patle lodged the report at PS Katghora, alleging therein that one Pahar informed him that his father namely Lalji Patle was being assaulted by the applicant with the help of bamboo stick, due to which, Lalji Patle is lying near Khelasi Pahadi and after knowing to this incident, the complainant and his brother namely Bhawar Sai Patle went to the place of incident and took their father towards C.H.C., Katghora, where the doctor declared him dead. 4. Learned counsel for the applicant contended that, the applicant is innocent and falsely implicated in the instant case. The applicant has not killed the deceased Lalji Patle. In fact, the deceased Lalji Patle used to theft the fish of field of applicant and on the date of incident, he went to the field of applicant, where the applicant asked the deceased not to theft the fish, upon which, the deceased become angry and he started assaulting with the applicant with the help of bamboo stick, due to which, the applicant run from his field and while the deceased was following the applicant, he fell down in the hill and he received multiple injuries. He further contended that, according to the complainant, he was informed by one Pahar, but the prosecution has not recorded the statement of said person 3 Pahar. The charge sheet has already been filed, the applicant is in jail since 26.09.2024 and the trial will take considerable time for its conclusion, therefore the applicant may be released on bail. 5. Learned State Counsel opposes the submissions made by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that on the identification of the applicant/accused, the observation of the dead body panchnama attached with the case also shows the marks of injury caused by bamboo stick on the body of the deceased. The documents filed with the charge- sheet clearly show the involvement of the applicant/accused prima facie, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant- Vijay Bahadur Singh Kanwar filed under Section 483 of the BNSS, involved in Crime No.399/2024 registered at Police Station Katghora, District Korba (C.G.), for the offence punishable under Section 103(1) of the BNS, is rejected. 4 9. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, within a period of six months from today, 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 forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant VASANT KUMAR Digitally signed by VASANT KUMAR