1 2025:CGHC:478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8934 of 2024 1 - Dilip Kumar Ghritlahare S/o Shri Rajkumar Ghritlahare, Aged About 38 Years R/o Village-Mukundpur, Police Station-Sihawa, District- Dhamtari (C.G.) (As Per Charge Sheet) ... Applicant versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station-Sihawa, District-Dhamtari (C.G.) ... Respondent(s) For Applicant : Mr. Praveen Dhurandhar, Advocate For Respondent(s) : Mrs. Prabha Sharma, Panel Lawyer Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 03/01/2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 in 2 connection with Crime No. 175/2023 registered at Police Station- Sihawa, District-Dhamtari, C.G. for the offences punishable under Sections 302/34, 201/34, 120/34 of IPC. 2. The prosecution story in brief is that on 10.11.2023, merg intimation was given by Manoj Kumar Ghritlahare to the effect that on 10.11.2023 at about 1:45 pm, the deceased Devdas Ghritlahre was admitted to the Hospital and was brought dead with allegation of hanging and suicide, subsequently postmortem was conducted, in which doctor opined that the death is homicidal in nature, thereafter the police registered FIR against unknown person and conducted merg enquiry and during the investigation, the police investigated to accused Chand Prakash Chaturvedi and he revealed that he and brother of decased had illicit relation with the wife of the deceased namely Santoshi Bai Ghritlahare and on the date of incident the applicant and the co-accused Chand Prakash were establishing illicit relation with the wife and at the relevant time, the deceased came to the house consuming alcohol and he saw the accused person in the compromise position and thereafter the accused person committed murder of deceased with the help of rope strangulating the death. 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has been falsely implicated in the present case. The applicant have neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. The evidence collected by the 3 prosecution are also not prima facie sufficient to hold the applicant guilty of the aforesaid offences. 4. On the other hand learned counsel for the State opposes the bail application and submits that the doctor has given her opinion that all the injuries on the body of the deceased are antemortem in nature and the nature of death is homicidal and the duration of death is within 18 to 28 hours. 5. Considering the facts and circumstances of the case, gravity of offence, and further considering the P.M. report where the doctor has given her opinion cause of death- Respiratory passage block due to ligature strangulation, Mode of death- Asphyxia, Nature of death- Homicidal, Duration of death- within 18 to 28 hours, all injuries are ante-mortem in nature and as per the prosecution story, the circumstantial evidences prima facie shows the involvement of the accused in the alleged crime as the accused have tried to destroy the evidence giving the colour of suicide to the murder committed, therefore, I am not inclined to release the applicant on regular bail, accordingly, the bail application of applicant, Dilip Kumar Ghritlahare, involved in Crime No. 175 of 2023, under Sections 302/34, 201/34, 120/34 of IPC at Police Station Sihawa, District-Dhamtari, Chhattisgarh, is rejected. 6. 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. 4 7. The office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima