1 2025:CGHC:55144 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8829 of 2025 1 - Karmu S/o Late Hiradhan Aged About 44 Years. 2 - Foolmati W/o Karmu Aged About 40 Years. Both are R/o Village- Jagannathpur (Khaparapara), Post- Khadgaon, Police Station- Pratappur, District- Surajpur (C.G.) --- Applicants versus • State Of Chhattisgarh Through The Police Out Post Khadgawan, Station House Officer, Police Station- Pratappur, District- Surajpur (C.G.). --- Respondent For Applicants : Mr. Manish Nigam, Advocate For Respondent/State : Mr. Ajit Singh, GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 12/11/2025 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.39/2025, registered at PS -Pratappur, District- Surajpur (C.G.), for commission of offence punishable under Sections 103(1), 3(5) of 2 the BNS, 2023. 2. Case of prosecution, in brief, is that on 17/2/2025, complainant- Rambai alongwith her co-sister Devkumari was at her home; when the applicants reached near the home of complainant; deceased Ramnath (who was in drunk condition) has started shouting and abusing the applicants, to which, they raised an objection. Deceased Ramnath alleged that because of applicants, his wife has left his home. Infuriated by the conducted of deceased Ramnath, the applicants beaten him by fist and legs on his chest and neck, due to which, blood came out from the mouth of the deceased. When Amarlal (son of deceased) came home, deceased was alive and later on he succumbed to injuries. 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. If case of the prosecution is taken at its face value, no offence under Section 103 of the BNS is made out against the present applicants. Incident took place at about 08 p.m on 17/2/2025 and in his statement, son of the deceased namely Amarlal has categorically stated that when he went to see his father at night around 02:00 AM, he was alive and in the next morning the deceased Ramlal was found dead. No hard and blunt object has been seized from the possession of the applicants whereas as per the MLC report, deceased has sustained injuries by a hard and 3 blunt object. The motive to commit the offence has not been brought on record in the final report filed against the applicants. There is unexplained delay in lodging the Dehati Nalsi, which creates suspicion on the prosecution story, even the FIR has been lodged with inordinate and unexplained delay. There is no any other criminal antecedent against the applicants, they are in jail since 18.02.2025, 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 applicants. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, evidence of the prosecution witnesses and other material available in the case diary, particularly that there is no intention of the applicant to commit murder of the deceased, further considering that there is no any other criminal antecedent against the 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- 4 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/-