1 2025:CGHC:60994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9895 of 2025 • Deepak Bairagi S/o Shri Vinod Bairagi Aged About 35 Years R/o Ward No. 12, Neechepara Dharamjaigarh, P.S. Dharamjaigarh, District Raigarh (C.G.) ... Applicant. versus • State Of Chhattisgarh Through Station House Officer, Police Station Dharamjaigarh, District Raigarh (C.G.) --- Respondent For Applicant : Ms. Sakshi Thakur, Advocate on behalf of Mr. Rajendra Patel, Advocate For Respondent/State : Ms. Sunita Manikpuri, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 15/12/2025 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.237/2023, registered at PS -Dharamjaigarh, District -Raigarh (C.G.), for commission of offence punishable under Section 302 of IPC. 2. Case of prosecution, in brief, is that informant (Dr. B.L. Bhagat) made a written hospital memo informing that the deceased Kartik 2 Ram Sarthi was admitted in the hospital on 28.08.2023 at about 10:00 am for treatment who has died during treatment. On the basis of the said information, merg was registered, during investigation statements of family members of deceased were recorded, in which, they stated that on 26th August 2023, at around 9:00 PM, Deepak Bairagi (present applicant) and Rohit Yadav, after consuming alcohol, came near the house. When Rohit Yadav started making noise, the deceased Kartik Ram raised objection, upon which Deepak Bairagi became agitated and strangulated the Kartik Ram Sarathi and assaulted him with his hands and fists on his chest and stomach. Due to which, deceased suffered grievous injuries and he was taken to the hospital where during treatment he died. Offence/FIR was registered against the applicant and he has been arrested in the aforementioned crime. 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. Out of total 15 witnesses, prosecution has examined only 03 witnesses till date and they have not completely supported the prosecution story. Prosecution agency could not collect any cogent and reliable piece of evidence to prove the guilt of the applicant, therefore, no case is made out against him. There is no any other criminal antecedent against the applicant. Applicant is in jail since 31.08.2023, conclusion of trial may take some time, hence, applicant may be released on bail. 3 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that it has come from the statements of deceased's family members (Lakshmi Bai Sarathi, Pooja Sarathi, Narendra Sarathi, Anjali Sarathi and Salik Ram Sarathi) that on 26th August 2023, at around 9:00 PM, present applicant/Deepak Bairagi and Rohit Yadav, after consuming alcohol, came near the house and Rohit Yadav started making noise, to which, deceased objected, upon which Deepak Bairagi became agitated and strangled and assaulted the deceased by means of hands and fists on his chest and stomach. Due to which, deceased suffered grievous injuries and he was taken to the hospital where during treatment he died. Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, submissions of learned counsel for the parties, nature of seriousness of offence, particularly the fact that there is eye-witness of the alleged incident, ie, wife of deceased, further considering that as per post-mortem report death of deceased is homicidal, evidence of prosecution witnesses and other material available in the case diary, I am not inclined to allow this bail application. 7. Accordingly, bail application is hereby rejected/dismissed. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-