1 2025:CGHC:59069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10005 of 2025 • Champeshwar Yadav S/o Anand Ram Yadav Aged About 22 Years R/o - Village - Piperchedi, Police Station - Chhura, District - Gariyaband (C.G.) ... Applicant. versus • State Of Chhattisgarh Through The Station House Officer, Police Station - Chhura, District - Gariyaband (C.G.). --- Respondent For Applicant : Mr. Shivendu Pandya, Advocate For Respondent/State : Mr. Shubham Bajpai, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 05/12/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.09/2025, registered at PS - Chhura, District - Gariyaband (C.G.), for commission of offence punishable under Sections 74, 75, 109, 62, 64, 103(1), 332 of BNS. 2. Case of prosecution, in brief, is that on 14/01/2025, the complainant namely Devshran Dhruv has informed the Police Station Chhura, 2 District Gariyaband (C.G.) that his sister namely Ishwari Bai Dhruv (deceased) was burned in her house, thereafter, the Police has lodged the merg and inquiry was conducted. After the incident, the Ishwari Bai Dhruv was admitted in the D.K.S. hospital, Raipur and police inquired & asked regarding the incident to the Ishwari Bai Dhruv, to which, she stated that on 13/01/2025 at about 09:00 P.M., when she was alone in her house, then the applicant came in her house and tried to make sexual relationship with her forcefully but she opposed, then the applicant has taken the kerosene oil from kitchen and pouring kerosene oil on her and burn it, due to which, she was burned. Dying declaration of the deceased was recorded by the Police on 15/01/2025. Based upon which, FIR was registered and applicant has been arrested in aforementioned crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him, entire prosecution story is fabricated and concocted. The police registered the offence against the applicant only on the basis of suspicion and memorandum statement of the accused. The ingredients of aforesaid sections/offence are missing. Case is depends upon the dying declaration of the deceased, however, dying declaration has been recorded without attesting the signature of independent witness, therefore, there is no any evidentiary value of such type of the dying declaration. There is no any eye-witness and evidence in this case regarding the aforesaid incident. Some of the witnesses have been examined before the 3 trial Court and they have not supported the prosecution case and turned hostile. There is no any other criminal antecedent against the applicant. Applicant is in jail since 16.01.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant. 5. Heard learned counsel for the parties. 6. Considering facts of the case, submissions of learned counsel for the parties, nature and seriousness of offence, particularly the dying declaration of deceased, in which, she specifically stated about the alleged incident, I am not inclined to allow this bail application. 7. Accordingly, bail application is rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-