1 2025:CGHC:6681 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1021 of 2025 Shankar Bhatt S/o Lt. Shri Dhaniram Bhatt Aged About 72 Years R/o Ganganagar, Kawardha, Thana Kawardha, District Kabirdham, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Kawardha, District Kabirdham, Chhattisgarh. ---- Respondent ___________________________________________________________ For Applicant : Mr. Akhilesh Mishra, Advocate For State-Respondent : Ms. Pragya Shrivastava, Dy. G.A. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 05/02/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.598/2024 registered at Police Station Kawardha, District Kabirdham (C.G.), for the offence punishable under Section 103(1) of BNS. 2. Case of the prosecution in brief is that on 17.09.2024 at about 2 09:50 AM, one Mukesh Sinha informed that the applicant Shankar Bhatt’s wife namely Vimla Bai Bhatt was laying dead in her room. Then applicant Mukesh Sinha found Shankar Bhatt sitting near the door. The clothes Shankar was wearing and blood stains were visible on his body. The door of his house was open, when he went inside, he saw Vimala Bhatt’s dead body lying in the room, there were serious injury marks on her head and blood all over her face. There was a blood stained pillow near the dead body. A stone was lying and blood was flowing in the room. Splatters of blood were visible on the wall. Shankar Bhatt lived with his wife Vimala Bai and they used to be fights and disputes between them every day. On the report of applicant Mukesh Sinha, a memorandum statement was recorded by taking suspect Shankar Bhatt into custody at Kawardha Police Station and on the basis of the memorandum statement, the cob and other items used in the murder were recovered and confiscated. 3. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that since the dispute was taken place between the applicant and the deceased on the spur of the moment without premeditation, on grave and sudden provocation/oral altercation. The FSL report has not been received that both of them were drunk. Deceased got hurt due to 3 shock. He further contended that the applicant is aged about 72 years and he is in jail since 20.09.2024 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 4. Learned State Counsel opposes the submissions made by learned counsel for the applicant and submits that nature of death of the deceased is homicidal, therefore, he may not be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that during investigation, the accused was taken into custody and a memorandum statement was recorded and on the basis of memorandum statement, stone/grinding stone and others items used in the murder were recovered and seized. The crime is of serious nature. In view of its seriousness and after considering other circumstances, it does not seem appropriate to grant bail to this applicant/accused. Looking to the nature and gravity of the offence, this Court is of the opinion that is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant- Shankar Bhatt filed under Section 483 of the BNSS, involved in Crime 4 No.598/2024 registered at Police Station Kawardha, District Kabirdham (C.G.), for the offence punishable under Section 103(1) of BNS, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant