1 2025:CGHC:55964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7470 of 2025 1 - Sanjay Patel S/o Late Rajaram Patel, Aged About 45 Years R/o Village - Bajar Dafai, Surakachhar, P.S. - Kusmunda, District - Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - District Magistrate, Korba, District - Korba (C.G.) ---Non-Applicant For Applicants : Mr. D. N. Prajapati, Advocate For-Non-applicant : Ms. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 17/11/2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. in connection with Crime No. 188/2025, registered at Police Station Kusmunda, District Korba, Chhattisgarh for the offences punishable under Sections 103(1) of BNS 2023. 2. The prosecution story in brief, is that, on 10.06.2025, upon receiving information from the District Hospital, Korba, regarding the death of one Ram Singh Kanwar, the reporting ofÏcer proceeded to the District Hospital for the purpose of conducting marg proceedings. On the basis of Digitally signed by JYOTI JHA Date: 2025.11.18 11:37:30 +0530 2 the hospital memo, a zero marg was registered and inquest proceedings were carried out. During the inquest, including examination of the body, inspection of the spot, opinions of the panch witnesses, statements of witnesses, and the short post-mortem report, it was found that the deceased, Ram Singh Kanwar, had been setting fire to a hut situated in the courtyard of Sanjay Patel’s house. On account of this, Sanjay Patel allegedly entered into a quarrel with the deceased and assaulted him with a stick, resulting in injuries which led to his death. After returning to the police station, a regular marg was registered as Marg No. 31/2025 under Section 194 of the BNSS. During the marg enquiry and further investigation, witnesses were examined, and the stick used in the commission of the offence was seized on the basis of the memorandum statement of the accused, Sanjay Patel. From the investigation conducted thus far, sufÏcient evidence was found against Sanjay Patel for the commission of the alleged offence, and accordingly, he was arrested on 11.06.2025 in Crime No. 188/2025 under Section 103(1). 3. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated and that the materials collected during investigation do not prima facie establish his culpability for the alleged offence. It is submitted that the incident originated from the unlawful and provocative act of the deceased, who had set fire to the applicant’s hut in the middle of the night. The applicant and his wife narrowly escaped the burning hut and immediately saw the deceased fleeing from the spot with a matchstick. In fact, the applicant himself lodged FIR No. 187/2025 under Section 326(g) BNS against the deceased, which clearly indicates that the deceased was the aggressor and that the applicant had no 3 motive whatsoever to cause his death. Counsel further submits that although the prosecution relies on the recovery of a wooden stick allegedly used as a weapon, no FSL report has been produced to confirm the presence of bloodstains or to connect the alleged weapon with the applicant. The investigation, therefore, suffers from material deficiencies, and in the absence of any independent corroboration, the prosecution case remains doubtful. The father, brother and sister-in-law have turned hostile in their statement. In these circumstances, and considering the fact that the applicant has cooperated with the investigation and no further custodial interrogation is required, learned counsel prays that the applicant be enlarged on bail. 4. On the other hand, the learned counsel for the State opposed the bail application of the applicants. 5. Having heard the contentions put forth on either side and in view of the overall circumstances of the case, including the fact that the incident arose out of the deceased’s act of setting fire to the applicant’s hut, the absence of any conclusive material such as an FSL report to substantiate the prosecution’s allegations and also considering the fact that the father, brother and sister-in-law have not stated against the applicant in their statement, the trial is likely to take sometime for its conclusion and the applicant is in jail since 11.06.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 6. 6. Let the applicant be released on bail on his furnishing a personal bond with one surety in the like amount to the satisfaction of the court concerned with the following conditions:- 4 (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS 2023. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 2023 (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS 2023 If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 7. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti