1 2025:CGHC:55930 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8923 of 2025 Mohan Banjare S/o Late Shri Sukhdas Banjare Aged About 30 Years R/o Vill- Chattera, P.S. Arang, Raipur, District- (Revenue and Civil) Raipur (C.G.) ... Applicant versus State of Chhattisgarh through Station House Officer, Police Station - Arang District- Raipur (C.G.) ... Respondent For the applicant : Mr. Anoop Kumar T. Sharma, Advocate. For the respondent : Mr. Ankur Kashyap, Deputy Government Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 17.11.2025 1. This is second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 46 of 2024 registered at Police Station Arang, District Raipur (CG) for the offences under Sections 302 of IPC. 2. The first bail application (MCRC No.3964/2025) has been dismissed on 16.06.2025 on merits. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.11.18 11:26:46 +0530 2 3. The prosecution story in brief is that on 20.01.2024 at about 11.00 am., the applicant has committed murder of his wife by using sickle. 4. Learned counsel for the applicant submits that there is no direct evidence available to connect the applicant in crime in question. He next submits that the alleged eye-witnesses to the incident are daughter Vandana Banjare (P.W.8) and son Lilesh Banjare and they have been examined before the Court and both have not supported the prosecution case and stated that the applicant himself immediately brought the deceased to the Hospital for treatment. Similarly, the brother of deceased namely Rahul Tandon (P.W.9) has categorically denied to have seized any weapon of offence from the applicant, therefore, the seizure memorandum is fatal to the prosecution case. It is further submitted that witness Harishchandra (P.W.6) who is neighbor has not supported the prosecution case in his cross examination. He further submits that the applicant is in jail since 21.01.2024; till date out of a total 18 witnesses, 11 have been examined and there is no immediate possibility of disposal of case, therefore, looking to the long period of custody of the applicant and the changing circumstances he may be enlarged on bail at this stage. 5. Per contra, learned State Counsel opposes the bail application and submits that the trial is in progress. He submits that the mother of deceased Smt. Laxmi Tandon (P.W.2) has stated that the applicant used to suspect the fidelity of his wife and killed her. 6. Having considered the submissions made by learned counsel for the parties and considering the changing circumstances which took 3 place after rejection of the first bail application as also the long custody period of the applicant as he is stated be in jail since 21.01.2024, without observing anything on the merits of the case, I am inclined to allow this bail application. 7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a bail bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao