1 2025:CGHC:7843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 965 of 2025 Ashok Fulkanvar S/o Kaliram Fulkanvar Aged About 25 Years R/o Village- Chanditola, Police Station- Devri, District- Gondiya (Maharashtra) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station, Gendatola, District- Rajnandgaon, C.G. ... Respondent For Applicant :Mr. Rudra Pratap Dueby, Advocate on behalf of Mr. Goutam Khetrapal, Advocate For respondent/State :Mr. Atnu Ghosh, Dy. G. A. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 13/02/2025 1. This is first bail application filed by the applicant under Section 483 of B.N.S.S. 2023, for grant of regular bail. The applicant has been arrested in connection with Crime No.02/2023 registered at Police Station Gendatola, District - Rajnandgaon (C.G.) for the offence under Sections 302, 201, 34, 376, 109 of I.P.C. Digitally signed by VAIBHAV SINGH Date: 2025.02.19 15:45:09 +0530 2 2. The case of the prosecution is that, on 14.01.2023, the dead body of the deceased-Maheshwari Yadav, a lady aged about 25 years, was found in her threshing field, for which a merg intimation was lodged by the Kotwar of the village. When the dead body was sent for its postmortem, head injury was found on it and the doctor has opined the case of death was due to head injuries and is sufficient to cause death in ordinary course of nature. The police has registered the offence under Section 302 of IPC and started investigation. During the investigation, the present applicant have been taken into custody and his memorandum statement has also been recorded. Based on his memorandum statement, one mobile phone and his cloths have been seized. During the investigation it has also been found that the present applicant was using the mobile phone having Mobile No. 8934781227 which was in the name of his friend Akash Kishan and various calls have been made either incoming or outgoing with the mobile No. 9584028851 which is alleged to be mobile number of the deceased. When the applicant was medically examined by the doctor injuries have been found on his private part thereafter, he has been arrested and after completion of investigation charge-sheet has been filed. 3. Learned counsel for the applicant would submit that there is no allegation of murder of the deceased against the appellant except the memorandum statement no other clinching evidence have been available in the charge-sheet against the appellant. There is no witnesses to the effect that the applicant has committed the offence 3 with the deceased or even there is no any person who has lastly seen him together with the deceased. He would also submit that the co- accused Yograj Uike @ Teju Uike has been granted bail by this Court vide order dated 29.11.2024 passed in MCRC No. 6264 of 2024 and the case of the present applicant is similar to the case of Yograj Uike. The applicant is in jail since 04.03.2023 final adjudication of the case will take its own time, therefore, he may also be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and have submitted that on the memorandum statement of the present applicant the mobile phone of the deceased was seized and from call detail report it appears that there was frequent conversation at the relevant point of time with the mobile phone used by the applicant and the mobile phone of the deceased. Blood has been found on the cloths of the applicant and injuries have been found on the private part of the applicant, which is co-related with his memorandum statement as well the MLC report. He would further submit that the trial of the case is in progress and out of 27 witnesses 14 have already been examined till 17.01.2025 and the trial is of adverse stage, the case of the present applicant is different when the case of the Yograj Uike and therefore, he is not entitled for bail. 5. I have heard learned counsel for the parties and considered their rival submissions. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation against the present applicant, further that the blood 4 stained cloths have been seized from the applicant, injuries have been found in his private part which has been corroborated by the MLC report, further that call detail report of the mobile phone of the applicant, there was frequent conversation with the mobile phone of the deceased and further that out of 27 witnesses 14 have already been examined and the trial is in considerable progress, I am not inclined to release the applicant on bail, therefore, the bail application filed by the applicant is rejected. Sd/- (Ravindra Kumar Agrawal) JUDGE Vaibhav