1 2025:CGHC:50230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7568 of 2025 1 - Maheshwar Netam @ Golu S/o Tarachand Netam, Aged About 29 Years, R/o Village- Salhebhatha, P.S. Mainpur, Dist- Gariyaband (C.G.) (name of applicant and name of father of applicant not mentioned properly in the order sheet) ... Applicant versus 1 - State of Chhattisgarh Through The Police Station- Mainpur, Dist- Gariyaband (C.G.) ... Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Tanuj Patwardhan, Advocate. For State/Non-applicant : Mr. Akhilesh Kumar, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 08-10-2025 1. Heard on the application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS, 2023’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 12-09-2024 in connection with Crime No.77/2024 registered at P.S. Mainpur, District Gariyaband, Chhattisgarh for the offence under Section 103(1), 238 read with 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short ‘BNS’). 2. The case of prosecution is that, on 20-07-2024 father of deceased Bhuneshwar Negi lodged a missing report that his son is missing. After about 7 days of lodging of the missing report the dead body of the deceased without head portion has been recovered from jungle which was in hanging condition. On being postmortem it was reported by the doctor that the death of the deceased was before 10 to 11 days and since the dead body was decomposed the cause of death could Digitally signed by MOHAMMED AADIL KHAN Date: 2025.10.08 20:04:53 +0530 2 not be ascertained. The dead body was identified by its clothes. The FIR was registered and during investigation statement of witnesses Gangaram, Jamunabai and Hemant were recorded in which they stated that they saw the accused persons assaulting the deceased on 18-07-2024. The applicant has been arrested on 12-09- 2024 and charge sheet has been filed. 3. Learned counsel for the applicant would submit that there is no specific cause of death of the deceased that the death was homicidal in nature. It is only under the pressure of the police authorities the witnesses have stated that they have seen the applicant and other co-accused persons assaulting the deceased on 18-07-2024. There is no recovery from the applicant and there is no motive to commit his murder, even there is no evidence with respect to any previous enmity with the deceased. The applicant is in jail since 12-09-2024 and he is not having any previous criminal antecedent. Out of total 49 witnesses only 6 witnesses have been examined till date and the final adjudication of the case will take its own time. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel for the State/non-applicant opposes and has submitted that from the statement of Gangaram, Jamunabai and Hemant the involvement of the present applicant is there that he also assaulted the deceased on 18-07-2024 and thereafter, his dead body was found in hanging condition in which his death is found to be prior to 10 to 11 days. There is sufficient material against the applicant and the trial of the case is in progress. Therefore, he is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary as well as the material annexed with the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of offence, allegation against the applicant and the material collected during the investigation against the present applicant, further considering the statement of Gangaram, Jamunabai and Hemant and also considering that the trial has commenced and 6 witnesses have been examined, I am not inclined to release the present applicant on bail. 3 7. Accordingly, the present application filed by the applicant for grant of regular bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Aadil