1 2025:CGHC:5698 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8707 of 2024 1 - Devi Kumar Tiwari S/o Late Shri Ramkhilawan Tiwari, Aged About 73 Years R/o Village - Masna, PS-Lormi, District - Mungeli, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Lormi, District Mungeli, Chhattisgarh. ... Respondent For applicant : Mr. Somkant Verma, Adv. For Respondent : Mr. Vivek Sharma, PL (Hon’ble Shri Naresh Kumar Chandravanshi, J) Order on Board - 30-1-2025 1. This is 2nd bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 24/2024 registered at Police Station Lormi, Distt. Mungeli (C.G.), for the offence punishable under Section 307, 302 read with Section 34 of the IPC. His first bail application bearing MCRC No. 7296/2024 was dismissed as withdrawn by this Court vide order dated 24-10-2024. 2. Brief facts of the case are that co-accused Smt. Sushila Tiwari and applicant Devi Kumar Tiwari are mother-in-law and father-in-law of the deceased Sangeeta Tiwari and co-accused Pawan Tiwari is her husband. On 12-11-2023, at about 9.00 O’clock, co-accused Pawan Tiwari brought a lady in his house with intention to keep her as his wife, which was objected by his legally wedded wife Sangeeta Tiwari (since deceased), then co-accused Smt. Sushila Tiwari, applicant Devi Kumar Tiwari and Pawan Tiwari abused her, poured kerosene upon her body and set ablaze her. After she was set ablaze, Digitally signed by AVANISH KUMAR PATHAK Date: 2025.02.01 14:18:05 +0530 2 she jumped into water tank and extinguished fire. It is alleged that, despite sustaining burn injuries, she was not admitted in hospital by applicant and co- accused persons. Later, on being pressure created by the villagers, she was taken to Hospital at Lormi, then to a private hospital at Bilaspur, thereafter she was taken to CIMS, Bilaspur. After few days, she was brought at her matrimonial home, thereafter again, she was abused and assaulted by the applicant and co-accused persons. Sangeeta Tiwari (since deceased) again fell ill, therefore, on 5-12-2023, she was taken to CISM, Bilaspur, but applicant and co-accused persons left her at the gate of CIMS and fled from there. Subsequently, her parents took her with them to her paternal house, where she died on 13-12-2023. Based on above facts, present crime has been registered against applicant Smt. Sushila Tiwari (mother-in-law of deceased), Devi Kumar Tiwari (father-in-law of deceased) and Pawan Tiwari (husband of deceased), for offence under Section 307, 34 of IPC and subsequently after death of deceased, offence under Section 302 of the IPC was also added and after investigation, charge sheet has been filed on 10-5- 2024 against husband and mother-in-law of the deceased, subsequently charge sheet has also been filed against applicant as he was absconding. 3. Learned counsel for the applicant submits that case of prosecution is based on dying declaration of the deceased, but it has not been mentioned in the dying declaration as to what active role has been played by the applicant in commission of crime. The applicant is presently aged about 73 years, he is suffering from various ailments, therefore, he is required to be treated in hospital. Therefore, he may be enlarged on bail. 4. On the other hand, learned State counsel opposed the instant application and submits that in dying declaration, the deceased has 3 specifically named present applicant, and trial is going on, hence, this bail application is liable to be rejected. 5. Heard learned counsel for the parties and perused the material available on record and on the case diary. 6. Having heard learned counsel for the parties and having considered the dying declaration of the deceased and as the trial is in progress, I do not feel inclined to release the applicant on bail. 7. Accordingly, the bail application is rejected. However, the trial Court is directed to expedite the trial and conclude the same as early as possible preferably within a period of 4 months from the date of receipt/submission of copy of this order. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak/-