1 2025:CGHC:58404 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9324 of 2025 • Shravan Kalanga S/o Bhojram Kalanga Aged About 30 Years R/o Village - Chingari, P.S.- Lailunga, District - Raigarh (C.G.) ... Applicant. versus • State Of Chhattisgarh Through Station House Officer, Police Station - Lailunga, District - Raigarh (C.G.) --- Respondent For Applicant : Mr. Rajendra Patel, Advocate. For Respondent/State : Ms. Sunita Manikpuri, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02/12/2025 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.124/2021, registered at PS -Lailunga, Distt.- Raigarh (C.G.), for commission of offence punishable under Section 302 of IPC. 2. Case of prosecution, in brief, is that the applicant/accused is charged with an offence punishable under Section 302 of the Indian Penal Code for causing the murder of Jethuram Kalanga 2 (deceased) by hitting him with an Axe on his chest, at village Chingari, Darrapara on 25.04.2021. Based upon report, 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. Prosecution has examined three witnesses before the trial Court as PW-1 to PW-3 till date, seizure witness has turned hostile and not supported the case of prosecution. If the prosecution story is accepted as it is then also offence under Section 302 of IPC would not be made out against the applicant as on the date of incident, there was sudden fight between the applicant and deceased with regard to money for alcohol. There are only two injuries found over the body of the deceased which shows that there was no intention to cause the death of the deceased. There is no any other criminal antecedent against the applicant. Applicant is in jail since 26.04.2021, 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 and submits that on the date of alleged incident, applicant took the Axe from his house and hit the Axe on the chest of deceased, due to which, he suffered grievous injuries and died. Hence, looking the nature of offence, applicant is not entitled for grant of bail. 5. Heard learned counsel for the parties. 3 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that applicant has assaulted the deceased by means of Axe, due to which, he suffered grievous injuries and died, further considering the evidence of PW-1 to PW-3 and other material/evidence available in the case diary, I am not inclined to allow this bail application. 7. Accordingly, bail application is hereby rejected. However, looking to the detention period of the applicant, trial Court concerned is directed to conclude the trial within an outer limit of 06 months, if there is no any legal impediment. 8. It is also directed that concerned Superintendent of Police shall ensure the service of summons to the witnesses. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-