1 2026:CGHC:26031-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1631 of 2026 1 - State Of Chhattisgarh Through- District- Magistrate District- Gourela- Pendra-Marwahi (C.G.) ... Applicant(s) versus 1 - Roop Singh S/o Late Chhotan Singh Aged About 40 Years R/o Kotkharra Kamrapathra Police Station - Gourela District- Gourela-Pendra-Marwahi (C.G.) . .. Respondent(s) (Cause title taken from the Case Information System) For Applicant(s) : Mr. Ashish Shukla, Addl. Advocate General. Hon'ble Shri Naresh Kumar Chandravanshi, Judge Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ravindra Kumar Agrawal, Judge 25/06/2026 1. The matter has been listed on default. Upon due consideration, the default pointed out by the Registry is waived. 2. Heard Mr. Ashish Shukla, learned Additional Advocate General, appearing for the Applicant/State on I.A. No.01, which is an application for condonation of delay of 44 days in preferring the present appeal. 3. On due consideration the grounds mentioned in the application (I.A. No.01), the same is allowed. Delay of 44 days in preferring the present appeal is hereby condoned. 4. The present application for grant of leave to file an appeal against ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2026.06.27 12:07:27 +0530 2 acquittal under Section 419(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the Applicant/State against the impugned judgment of acquittal dated 04.12.2025 passed by the learned First Additional Sessions Judge, Pendra Road, District Gourela-Pendra-Marwahi (C.G.) in Sessions Trial No. 06/2025, whereby the respondent/accused has been acquitted of the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. 5. Learned counsel for the applicant/State would submit that the deceased, Urmila Bai, was the wife of the respondent/accused. On the intervening night of 17.11.2024, the dead body of the deceased was found in the house of the respondent/accused in an injured condition. As many as 8 external injuries, including a fracture of the right parietal bone, were found during the post-mortem examination of the dead body. The presence of the respondent/accused on the said night has been proved by the prosecution through the evidence of PW-1 Arti Dhurve, who is the daughter of the accused as well as the deceased. From the evidence of PW-1, the conduct of the respondent/accused has also been proved, inasmuch as, despite knowing that the deceased was lying in an injured condition, he did not take her to the hospital for treatment. 6. He would also submit that, as the incident occurred inside the room and the respondent/accused was present there, and the dead body was found in an injured condition, it was for the respondent/accused to explain the facts within his special knowledge as to how the deceased sustained the injuries while inside the room in his presence. He failed to explain the injuries found on the body of the deceased. He would further submit that a danda was seized from the respondent/accused, on which human blood was found. He would further submit that the learned trial Court failed to consider the 3 provisions of Section 109 of the BNS, 2023, and acquitted the respondent/accused on the ground that the evidence led by the prosecution was not supported by any independent witness and that it was not proved that the blood stains found on the seized articles were of the same blood group as that of the accused. Therefore, there is sufficient material and evidence on record to grant leave to file an acquittal appeal. 7. We have heard learned counsel for the applicant/state and perused the judgment of the trial Court. 8. Having considered the submissions made by learned counsel for the applicant and also upon perusal of the record, particularly the evidence of PW-1, who is the daughter of the respondent/accused as well as the deceased, the post-mortem report, and other evidence which have been proved by the prosecution, we are satisfied that leave to file an acquittal appeal be granted in favour of the applicant. 9. Accordingly, the application under Section 419(3) of the BNSS for grant of leave to file an acquittal appeal is allowed. 10. The Office is directed to register the case under the head of "Acquittal Appeal." 11. The Criminal Miscellaneous Petition is disposed of accordingly. 12. The acquittal appeal is admitted. 13. Let a bailable warrant in the sum of Rs. 5,000/- be issued against the respondent/accused to secure his presence before this Court on 30.07.2026. Sd/- Sd/- (Ravindra Kumar Agrawal) (Naresh Kumar Chandravanshi) Judge Judge Alok