1 CGHC010263182026 2026:CGHC:30894 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6506 of 2026 • Chanwar Sai @ Luthru Bargaha S/o Buddhu Ram Aged About 42 Years R/o Baneya Tongripara, P.S. Sitapur, District Surguja (C.G.) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Sitapur, District Surguja (C.G.) ... Respondent For Applicant : Mr. Hariom Rai, Advocate For Respondent/State : Mrs. Supriya Upasane, GA Hon’ble Shri Justice Radhakishan Agrawal Order on Board 21/07/2026 1. The accused/applicant has moved this third bail application under Section 483 of BNSS, 2023, for releasing him on regular bail during trial in connection with Crime No.07/2025 registered at Police Station – Sitapur, District– Surguja (C.G.) for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the, “BNS”). 2. The first bail application of the applicant was dismissed as withdrawn vide order dated 07.11.2025 passed in MCRC No.8757/2025. The PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2026.07.21 16:35:25 +0530 2 second bail application of the applicant was rejected on merits vide order dated 18.02.2026 passed in MCRC No.1627/2026. 3. Case of the prosecution, in brief, is that one Vijay Kumar Chauhan, a neighbour of the deceased, lodged an FIR alleging that, on the date, time, and place of the incident, the applicant assaulted his mother- Riddhi Bai on her vital parts by which she suffered injuries and died. Based on the said information, the police registered the offence against the applicant, leading to his arrest. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that all the independent material witnesses of the prosecution have already been examined and have not supported the case of the prosecution. He further submits that the Medical Officer (PW-5), in paragraph 10 of his cross-examination, has stated that such an injury may be caused due to a forceful fall on the ground while running, which may result in injury to the lungs and may ultimately lead to the person's death. He further submits that a dispute arose between the applicant and his wife- Rajkumari, as the applicant was under the influence of alcohol. During the said incident, the applicant's mother, aged about 70 years, fell on a stone and sustained an injury to her chest, due to which she died. Lastly, he submits that the applicant is in jail since 03.01.2025, therefore, he may be released on bail. 5. On the other hand, learned State counsel opposes the bail application and submits that after dismissal of the second bail application on merits, several prosecution witnesses have been examined. She submits that the evidence collected during the trial clearly shows that the applicant- Chanwar Sai assaulted his mother, due to which she 3 died. She also submits that as per the statement of the Medical Officer (PW-5), several injuries were found on the body of the deceased and such injuries may be caused by kicking. Lastly, she submits that other prosecution witnesses are yet to be examined, therefore, she prays for dismissal of the application. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, particularly the fact that the other prosecution witnesses are yet to be examined and also there is no substantial change in circumstances, I am not inclined to release the applicant on bail at this stage. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Radhakishan Agrawal) Judge Priyanka