1 2025:CGHC:3615 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 594 of 2025 Raju Singh S/o Madan Sai Aged About 19 Years R/o Village- Umeshwarpur, Police Chowki-Salka (Umeshwarpur), Police Station and Tahsil-Premnagar, District-Surajpur (C.G.). ... Applicant versus State Of Chhattisgarh Through - Police Chowki-Salka (Umeshwarpur), Police Station- Premnagar, District-Surajpur (C.G.). ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Krishnakant Prajapati, Advocate For State-Respondent : Mr. G.L. Uike, P.L. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 21/01/2025 1. 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.98/2024 registered at Police Chowki- Salka (Umeshwarpur), Police Station Premnagar, District Surajpur (C.G.), for the offence punishable under Sections 103(1), 238(A) of BNS, 2023. 2 2. Case of the prosecution, in brief is that, the complainant Ram Sai lodged merg intimation and stated is that some unknown person killed his grandson namely Shiv Kumar and thrown his body in the courtyard behind the old ruined building of Agriculture Department, about 150 meters away from the house. During investigation, after taking the applicant into the custody was found that the deceased used to come to the house everyday after drinking alcohol and fight. On the date of incident on 11/08/2024, the applicant told the deceased that he beats the family members everyday after drinking alcohol and applicant said he will kill him also, then the applicant killed deceased by hitting him on the head with the iron bangle worn on his hand and thrown his body on the said place for destroying the evidence. 3. During investigation, the applicant was arrested and registered the offence U/S 103(1), 238(A) of B.N.S., 2023 against him. 4. Learned counsel for the applicant contended that, the applicant is innocent and falsely implicated in the instant case. The merg intimation made by Complainant- Ram Sai on 11/08/2024 against unknown person and after 16 days delay in lodged the F.I.R. against the present applicant only on the basis of presumption. He further contended that on the basis of memorandum of present applicant, iron bangle was recovered from the possession of the present applicant, in that articles no 3 blood stain was found and the prosecution has not produced any FSL report. He further contended that the applicant is aged about 19 years old and during pendency of the trial, if the bail application of the applicant is not considered, then the applicant suffer irreparable loss and injury. He is in jail since 27/08/2024 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 as per Post- mortem Report there are contusion mark seen over the neck of the deceased, abrasion wound seen over abdomen, back side, chest and left leg and blood was oozing from the nose and mouth of the deceased and also hemorrhage seen in both lungs (posterior aspect) chest region and left side of neck. Cause of death of the deceased was due to head injury and its complication (intracranial hemorrhage, fronto- parietal region). Looking to the nature of death, the applicant may not be released on bail. 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 the act committed by the applicant is serious in nature. 4 In view of seriousness of the case 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- Raju Singh filed under Section 483 of the BNSS, involved in Crime No.98/2024 registered at Police Chowki- Salka (Umeshwarpur), Police Station Premnagar, District Surajpur (C.G.), for the offence punishable under Sections 103(1), 238(A) of BNS, 2023, is rejected. 9. However, this Court hopes and trust that the trial Court shall 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