1 2025:CGHC:798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8985 of 2024 1 - Shankar Singh Mar S/o Uday Singh Mar Aged About 29 Years R/o Sarnadih Mongliyatad, P.S. Balrampur, District- Balrampur- Ramanujganj Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Police Chouki- Ganeshmod P.S. Balrampur, District- Balrampur- Ramanujganj Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri Navneet Kumar Yadav, Advocate. For the State : Ms. Pragya Shrivastava, Dy. Govt. Advocate. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.28/2023 registered at Police Station Balrampur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 302, 201 read NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.09 10:40:33 +0530 2 with 34 of IPC. 2. Case of the prosecution in brief is that on 10/03/2023 complainant Rajkumar Singh has lodged merg intimation before the Police against unknown person that he was getting the work doe with JCB, a smell was coming from something, then he saw the dead body of an unknown woman lying there. Therefore, the Police of Police Station Balrampur has registered a case against unknown person and investigate the matter. 3. Learned counsel for the applicant submits that on the basis of memorandum applicant has been arrested, seizure witnesses have turned hostile, other co-accused namely Murli Singh, Smt. Bahuri Mar and Binti Singh Mar have already been granted bail by the First Additional Sessions Judge, Ramanujganj, District Balrampur- Ramanujganj and applicant is in jail since 17/04/2023 hence, he may be released on bail. 4. Learned counsel for the state opposes the submission made by learned counsel for the applicant and submits that as per postmortem report due to head injury extra dural hemorrhage due to which deceased died, DNA report of deceased and her mother is positive, therefore, he may not be granted bail to the applicant. 5. Heard learned counsel for both the parties. 6. Considering the entire facts and circumstances of the case, the prosecution story is based on circumstantial evidence, there is no eyewitness of the incident, on the basis of memorandum i.e. discovery of fact one motorcycle has been seized from the applicant, there is no FSL report, other co-accused namely Murli 3 Singh, Smt. Bahuri Mar and Binti Singh Mar have already been granted bail by the trial Court, without commenting anything on merits of the case, I am inclined to allow bail application of applicant. 7. Accordingly, bail application is allowed. It is directed that applicant - Shankar Singh Mar shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with two sureties in the like sum to the satisfaction of the Court on the conditions that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/- (Arvind Kumar Verma) JUDGE Kamde