1 2025:CGHC:11984 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1473 of 2025 Krishna Ram Rathiya S/o Late Ranjeet Singh Rathiya Aged About 33 Years R/o Village Sonpur, Police Station Kapu, And District Raigarh, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through S.H.O. Of The Police Station Kapu, And District Raigarh, Chhattisgarh. ... Respondent For Applicant : Mr. Abhishek Sharaf, Advocate For Respondent/State :Ms. Pragya Shrivastava, Deputy Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 11.03.2025 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 167/2023, registered at Police Station- Kapu,District Raigarh (C.G.) for the offence punishable under Section 302 and 120(B) of Indian Penal Code. 2. Brief facts of this case is that on 04.12.2023 Merg intimation was given by the Kartik Ram Pradhan stating that dead body of his 2 son namely Sanjay Pradhan was lying on road of Village Sonpur, on the basis of such intimation merg No. 87/2023 was registered and dead body sent for PM and while investigation it was found that, due to family dispute with the deceased, and greediness of Rs. 10,000/- promised to give by the Kuldeep Rathiya to the applicant, than after consuming liquor and ganja, present applicant allegedly assaulted Sanjay Pradhan by Axe over his head. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. Moreover the co accused has been granted bail by the co- ordinate bench on the basis of memorandum of the present applicant. He also contended that during trial witnesses PW-1, PW-2 and PW-3 have been examined and they did not stated anything against the present applicant in fact memorandum and seizure witnesses have been turned hostile in the case, and there are total 15 witnesses thus trial will take much time to conclude thus applicant be released on bail. . 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. She stated that blood stained clothes have been recovered from the present applicant. 3 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, and the evidence available on record it is crystal clear that the applicant is involved in the crime and there are clinching chain of evidences which proves the same. Also blood stained clothes have beenn recovered from the possession of the present applicant but no article has been recovered from the co-accused . Therefore, this court is of the considered opinion that this case is not a fit case to allow the bail application of the applicant. 7. Accordingly, the instant miscellaneous criminal appeal stands dismissed. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza