1 2026:CGHC:8280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1613 of 2026 Daud Deep S/o Bhagat Deep Aged About 24 Years R/o B.S.U.P. Colony Bhatagaon, P.S. Purani Basti, District Durg, Chhattisgarh. ... Applicant. versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Raipur, Chhattisgarh. ---- Respondent For Applicant : Mr. Abhyuday Tripathi, Advocate. For Respondent/State : Mr. Jitendra Shrivastava, GA with Mr. Rishiraj Pithawa, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 16/02/2026 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail. The applicant was arrested on 28.12.2024 in connection with Crime No. 345/2024 registered at Police Station – city Kotwali Raipur, 2 District Raipur (C.G.), for the offence punishable under Sections 64, 70(1), 103(1) & 3(5) of the BNS, 2023. 2. According to the prosecution, on 08.09.2024, an information was received by the police of the concerned Police Station through one Vivek Singh Gautam on mobile call that an unknown female dead body was lying inside an Alto car bearing registration No. UP-78 BK-6400, which was parked in an open ground situated in front of Sihawa Auto Deal Office, near Old Park, Police Station City Kotwali, Raipur. Upon receipt of the said information, the Police reached on spot and conducted inquest proceedings and prepared the panchnama. The dead body of the unknown woman was sent to the Pt. Jawaharlal Nehru Medical College, Raipur, for preservation in the mortuary. Since the identity of the deceased could not be ascertained and no relatives could be traced, the dead body was subsequently cremated/buried with the assistance of a social organisation. As per the post-mortem report, cause of death was to be ‘Asphyxia’ as a result of ante- mortem strangulation and sexual assault’ and nature of death was certified to be homicidal. During interrogation, accused/Siddharth Deep stated that he had firstly committed sexual intercourse with the unknown woman (deceased) inside the said Alto car. When present appellant/Daud Deep attempted to commit sexual intercourse with the deceased, it was seen that deceased had already died. Present appellant disclosed the 3 name of a third person as Suresh Dongre Dabang, who had come along with them on a scooty and had full knowledge of the alleged incident and he also assisted in the commission of the offence. Based upon investigation and evidence, FIR was registered against the applicant and he has been arrested in the alleged crime. 3. Learned counsel for the applicant submits that applicant has falsely been implicated in this case, he has not committed any offence as alleged against him. There is no any specific evidence/material available on record to connect the present applicant in the alleged crime. Statement of co-accused recorded during police interrogation is a weak piece of evidence and it does not constitute proof of the alleged offence. No recovery of any incriminating article, weapon, vehicle, biological material has been seized from the present applicant. Several prosecution witnesses have not supported the prosecution case. There is no previous criminal antecedent of the applicant, he is in jail since 28.12.2024 and trial is likely to take some time, therefore, he may be released on bail. 4. Per contra, learned counsel for the State opposes the bail application of the applicant. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 4 6. On perusal of case diary, it reveals that during interrogation the prosecution recorded the statement of co-accused Siddharth Deep, who stated that he had first committed sexual intercourse with the unknown woman (deceased) inside the said Alto car and thereafter the present appellant/Daud Deep attempted to commit sexual intercourse with the deceased and that a third person, namely Suresh Dongre @ Dabang, had also accompanied with them; allegation of the prosecution is that these persons have committed the murder of the deceased. As many as 16 injuries were found on the body of the deceased, as per the opinion of the Doctor the said injuries were ante-mortem in nature, as per the post-mortem report, cause of death was opined to be “asphyxia” as a result of strangulation and sexual assault and the nature of death was certified to be homicidal. 7. Considering the facts and circumstances of the case, nature of allegations, submissions advanced by learned counsel for the parties, particularly that the case involves allegations of gang rape and murder, this Court is not inclined to release the applicant on bail. 8. Accordingly, the bail application of the applicant is hereby rejected/dismissed. Sd/- (Arvind Kumar Verma) Judge J.