1 2025:CGHC:476 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8865 of 2024 Ajay Kumar Chauhan S/o Govind Ram Aged About 25 Years R/o Devpur, Chowki Baya P.S. Rajadevri, District- Balodabazar-Bhatapara (Chhattisgarh). ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Rajadevri, District- Balodabazar-Bhatapara, Chhattisgarh. ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Ms. Sangeeta Mishra, Advocate For State-Respondent : Ms. Avlin Juneja, P.L. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/01/2025 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.49/2024 registered at 2 Police Station Rajadevri, District Baloadabazar-Bhatapara (C.G.), for the offence punishable under Sections 302, 201 of the IPC. 3. Case of the prosecution, in brief is that, on the date of incident, i.e., 02.09.2023, applicant- Ajay Chauhan who is younger brother of the deceased- Basant Chauhan being angry with the habit of drinking alcohol of the deceased, allegedly he strangulate his brother with the help of a plastic rope. During the investigation, memorandum of the accused was recorded and offence was registered against the present applicant under Sections 302 & 201 of I.P.C. 4. Learned counsel for the applicants contended that the applicant is an innocent and has been falsely implicated in the said case. She further contended that, the applicant will not misuse the bail and is ready to abide him self by any terms and conditions imposed by the Hon'ble Court while granting bail. Lastly, she contended that the applicant is in jail since 18.08.2024 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 and submits that nature of death of the deceased is homicidal, therefore, he may not be released on bail. 3 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 during investigation, it has been found that applicant- Ajay Chauhan, the younger brother of the deceased, being angry with the habit of drinking alcohol of the deceased, strangled him to death with a plastic rope on the incident date 02.09.2023 at 08.00 pm and the crime of hiding the evidence by burning the rope has also been accepted during the memorandum statement. In this case, the death of the deceased Basant Chauhan did not happen while hanging himself but due to strangulation by the accused Ajay Kumar Chauhan. In view of its seriousness and after considering other circumstances, it does not seem appropriate to grant bail to this applicant/accused. Looking to the nature and gravity of the offence, this Court is of the opinion that is not a fit case to enlarge the applicant on bail. 8. Accordingly, the bail application of the applicant- Ajay Kumar Chauhan filed under Section 483 of the BNSS, involved in Crime No.49/2024 registered at Police Station Rajadevri, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 302 & 201 of the IPC, is rejected. 9. However, this Court hopes and trust that the trial Court shall 4 make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, 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