1 2025:CGHC:8470 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1027 of 2025 1 - Santosh Domar S/o Durga Prasad Domar Aged About 40 Years R/o Ward No-4, Kotma, P.S- Kotma, District- Anuppur (M.P.). --- Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Outpost Kudargarh, District Surajpur (C.G.). (P.S- Odgi) Not Mentioned In Cause Title) --- Respondent(s) For Applicant (s) : Shri Shakti Raj Sinha, Advocate. For the State : Shri Neeraj Sharma, Dy. A.G. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 18/02/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.37/2023 registered at Police Station Outpost Kudargarh, P.S. Odgi (not mentioned in the cause-title) District Surajpur, (C.G.) for the offence punishable under Sections 302, 201 of IPC. 2. Learned counsel for the applicant submits that allegation against present applicant is that he has commit murder of deceased Bablu alias Ibrar Khan. He also submits that charge sheet has been framed against the applicant under Section 302, 201 IPC 1860 and the case has been taken up for trial. He further submits that there are a total of 19 witnesses in the case and out of NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.21 11:35:25 +0530 2 which, statements of only 6 witnesses have been recorded. In the postmortem report of the deceased Bablu alias Ibrar Khan, the nature of death has been written as "homicidal" and the statement of Dr. Ramesh Sahu, who wrote the postmortem report, who is an important witness in this case, has not been recorded yet. Apart from this, statements of other important witnesses including the investigating officer, Sameer Khan, Rehman Ali and other witnesses have not been recorded. The charge framed against the accused is of serious nature. Therefore, it does not seem justified to grant bail to the accused. Hence this offence. 3. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail. 4. Heard learned counsel for both the parties at length and peruse the case diary. 5. I have found that there is no eye-witness in this case, prosecution story is based upon the memorandum statement given by the accused/applicant and one stone has been recovered, but there is no blood stains found, charge-sheet has already been filed before the concerned Court and Sessions Judge, Surajpur has framed the charges against the applicant, material witnesses have been examined, applicant is in jail since 18/06/2023 and cause of death of postmortem report due to strangulation, without commenting anything on merits of the case, I am inclined to allow bail application of applicant. 6. Accordingly, bail application is allowed. It is directed that applicant - Santosh Domar shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- a) He shall appear before the Trial Court regularly on each and every date, 3 unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/-Sd/- (Arvind Kumar Verma) JUDGE Kamde