1 2025:CGHC:495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8813 of 2024 1 - Tenduparia @ Brijmohan Lakra S/o Late Budhram Lakra Aged About 54 Years R/o Village - Kishunpur, P.S. Dhaurpur, District Sarguja Chhattisgarh. 2 - Ukesh Lakra @ Babu S/o Brijmohan Aged About 21 Years R/o Village Kishunpur, P.S. Dhaurpur, District Sarguja Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through S.H.O. Police Station Dhaurpur, District Sarguja Chhattisgarh. Non-Applicant For Applicants : Mr. Pushkar Sinha, Advocate For-Non-applicant : Mr. Pramod Shrivastava, G.A. along with Ms. Aelvin Juneja Gambhir, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 03/01/2025 1. The applicants have preferred this First Bail Application under Section 483 of the BNSS, 2023 in connection with Crime No. 77/2024, registered at Police Station Dhaurpur, Sarguja, Chhattisgarh for the offences punishable under Sections 296, Digitally signed by JYOTI JHA Date: 2025.01.04 12:17:21 +0530 2 351(2), 115(2), 109(1), 103(1) and 3(5) of B.N.S. 2. The prosecution story in brief, is that, the complainant Jirmen Bai lodged written report alleging therein that on 14.09.2024, her father-in-law (Panchan Ram) went to the maze field to erect pillars for fencing. In the afternoon around I:00 pm wife of Ropan Toppo came to complainant’s home and told them about her father-in-law was not in good condition. Thereafter complainant along with her husband went to the field and saw that the father- in-law was lying on the land and blood was oozing from his mouth. Upon asking, the deceased told them that present applicants/accused have abused and assaulted him with hand and fist and also attacked the complainant’s father-in-law with the intention of killing and during treatment on 14.09.2024 Panchan Ram died. Therefore, the complainant lodged a report and offence under Section 296, 351(2), 115(2), 109(1), 103(1), 3(5) of B.N.S. has been registered against the present applicants and they have been arrested since 15.09.2024. 3. It was argued by the learned counsel for the applicants that in the written report nowhere is mentioned that applicants have assaulted the deceased by means of axe. There was old dispute between the family of deceased with applicants’ family and only on the basis of suspicion, they have been made accused in the present case. The applicants have never involved in such 3 offence which is alleged against them and false case has been roped against the present applicants. The applicants are in jail since 15.09.2024. Though, the trial is in progress, till date, the same has not been concluded. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that due to the injury sustained by the deceased, he died on 14.09.2024. Further he submits that the statement of witnesses were recorded under Section 180 of BNSS and all the witnesses have stated that on 14.09.2024 upon asking the deceased that who has killed him and were they Brijmohan, Simon, Ukesh, then deceased nodded his head and told them yes. For which, the applicants have not given any plausible explanation, therefore, their bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary produced by the learned counsel for the State. 6. In view of the facts and circumstances of the case particularly the fact that named FIR has been lodged against the applicants and also considering the fact that statement of witnesses were recorded on 22.09.2024 under Section 180 of BNSS where they have stated that “on 14.09.2024 upon asking the deceased that who has killed him and were they Brijmohan, Simon, Ukesh, then deceased nodded his head and told them yes” and they 4 have levelled categorical allegations against the applicants for assaulting him with axe and the deceased suffered injuries on his person and died on 14.09.2024, this Court is of the view that present is not a fit case to release the applicants on regular bail. Accordingly, the bail application of the applicant is rejected, at this stage. 7. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 8. Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Arvind Kumar Verma) Judge Jyoti