1 2025:CGHC:53653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8115 of 2025 1 - Goukaran Gendle S/o Sukhiram Gendle Aged About 35 Years R/o Village Guma, Police Station Bilha, District- Bilaspur (C.G.) 2 - Gajju @ Gajendra Senger S/o Late Sadhelal Senger Aged About 23 Years R/o Village Ward No. 07, Chakarbhata, Police Station Chakarbhata District Bilaspur (C.G.) 3 - Shailu @ Shailendra Senger S/o Late Sadhelal Senger Aged About 20 Years R/o Village Ward No. 07, Chakarbhata, Police Station Chakarbhata District Bilaspur (C.G.) ...Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station Chakarbhata, District Bilaspur (C.G.) --- Respondent For Applicants : Mr. Gautam Khetrapal, Advocate with Mr. Gaurav Singhal, Advocate For Respondent/State : Mr. Karan Ku. Bahrani, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/11/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicants, who have been arrested in connection with Crime No.253/2025, 2 registered at PS -Chakarbhata, District Bilaspur (C.G.), for commission of offence punishable under Sections 103 & 3(5) of the BNS. 2. Case of prosecution, in brief, is that on 18.06.2025, Gaukaran Gendle alongwith his brothers-in-law (Gajju alias Gajendra & Shailu alias Shailendra) have assaulted Nandkishore Vaishnav by means of wooden stick; eyewitnesses asked Gaukaran Gendle why did you hit Nandkishore Vaishnav, he told that Nandkishore Vaishnav repeatedly has bad intentions towards his wife Nandini Gendle. Injured Nandkishore was taken to Bilha hospital by Basant Kumar Gadhwal for treatment where after getting treatment, Basant Gadewal and injured Nandkishore Vaishnav returned to Chakarbhatha. Three-four hours after the incident, injured Nandkishore complaining of pain in his body, he was again taken to the hospital by Basant Kumar Gadewal for treatment, where doctor said that injured Nandkishore has died. Based upon report, FIR was registered and applicants have been arrested in aforementioned crime/offence. 3. Learned counsel for the applicants submits that applicants have been falsely implicated in this case, they have not committed any offence as alleged against them. From the chargsheet, it is reflecting that FIR has not been lodged by any family member of deceased or by any witness, FIR has been lodged on the basis of Merg intimation. The ingredients of the alleged offences are not attracted in the facts and circumstances of the case. The evidence 3 collected by the prosecution is also not prima facie sufficient to hold the applicants guilty of the aforesaid offences. It is vivid clear from the postmortem report of deceased, there is no bodily injury and the reason of death of deceased is Cardio Respiratory Arrest, which never caused by any altercation. Perusal of post-mortem report of deceased shows one abrasion of Rt forearm, Rt lower limp and there is no injury found by the Doctor on the internal vital part of the body of the deceased. Records of the case also shows that on the date of alleged incident, deceased has consumed the Chawal Sharab (rice wine). There is no any other criminal antecedent against the applicants, they are in jail since 20.06.2025, conclusion of trial may take some time, hence, applicants may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that on the date of alleged incident, accused/appellants have assaulted Nandkishore by means of wooden sticks, due to which, he suffered severe injuries and died. Hence, looking to the nature of offence, applicants may not be released on bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, the fact that as per post-mortem report of deceased, there is one abrasion of Rt forearm, Rt lower limp and there is no injury found by the Doctor on the internal vital part of the body of the deceased, records of this case also shows 4 that on the date of alleged incident, deceased has consumed the Chawal Sharab (rice wine), further considering that there is no any other criminal antecedent against the present applicants, charge- sheet has already been filed, detention period of applicants, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that applicants shall be released on regular bail, on their furnishing a bail bond in sum of Rs.10,000/- each with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court. b) Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicants shall appear before trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-