1 2025:CGHC:50229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7636 of 2025 1 - Dayaram Mourya S/o Thirli Ram Mourya Aged About 73 Years R/o Schoolpara Tekameta Vill Kumhrawand District - Bastar (C.G.) (In Custody) ... Applicant versus 1 - State of Chhattisgarh Through P.S. Bastar District- Bastar (C.G.) ... Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Keshav Dewangan, Advocate. For State/Non-applicant : Mr. Sanjiv Pandey, Deputy Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 08-10-2025 1. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (in short ‘B.N.S.S.’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 25-06- 2025 in connection with Crime No.69/2025 registered at P.S. - Bastar, District- Bastar, Chhattisgarh for the offence under Section 296, 115(2), 351(2), 103(1), 3(5) of Bhartiya Nyaya Sanhita (in short ‘B.N.S.’). 2. The case of prosecution is that, on 20-06-2025 on the issue of previous land dispute the present applicant as well as the other co-accused persons have assaulted the deceased Dhibaru Mourya by which he received multiple injuries on his body and during treatment he died on 22-06-2025. The son of the deceased, namely, Lambodar Mourya lodged report to the police on 21-06-2025. On postmortem it was opined that the death of the deceased was due to injuries and his death was homicidal in nature. The applicant has been arrested 25-06-2025 and charge sheet has been filed. Digitally signed by MOHAMMED AADIL KHAN Date: 2025.10.08 18:51:10 +0530 2 3. Learned counsel for the applicant would submit that there is no allegation in the FIR against the applicant that he also assaulted the deceased, even in the 161 statement of the alleged eye-witness Lambodar Mourya there is no allegation that the present applicant has also assaulted the deceased. He being the family member and the grand-father of the other accused persons has been implicated in the offence. He would also submit that though the police has shown age of the applicant as 73 years, however the applicant is presently more than 85 years of age. There is no recovery of any weapon from the present applicant and he is in jail since 25-06-2025 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 the eye-witness Lambodar Mourya who is son of the deceased the involvement of the present applicant is appeared and 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 allegation and the material collected during the investigation against the present applicant, after perusing the statement of Lambodar Mourya, son of the deceased and particularly considering the age of the applicant, only on the ground of his age I am inclined to release him on bail. 7. Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on the following conditions :- (i) He 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 him/her from disclosing such facts to the Court ; 3 (ii) He shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil