1 CGHC010273932026 2026:CGHC:32069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6414 of 2026 Panchram Khunte S/o- Late Nandaram Khunte, Aged About 62 Years R/o- Village Bhauwakapa, P.S. Kota, District- Bilaspur (C.G.) .. Applicant versus State Of Chhattisgarh Through Station House Office, Police Station Kota, District- Bilaspur (C.G.) ... Respondent For the applicant : Mr. Manoj Kumar Yadav, Advocate For the State : Mr. Rohitashwa Singh, Dy. G.A. For the objector : Mr. Ayush Lal, Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 27.07.2026 1. This is second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 828/2025 registered at Police Station Kota, District Bilaspur (CG) for the offences under Sections 302, 201, 404, 34 BNS. 2. The first bail application has been dismissed by order dated 09.02.2026 passed in MCRC No. 896 of 2026. 2 3. As per the prosecution case, deceased George Michael lived alone in his own house. On 16.05.2022, at about 8:00 pm, one Ashutosh Dewangan saw him returning home on his Activa Scooter. On 17.05.2022, at about 11:00 am, co-accused Sanjay Khunte @ Bablu Khute went inside the house and found George Michael lying dead on the bed. He informed the Police by mobile phone. On receiving information, the Police personnel reached the spot and found the deceased lying on the bed. Blood was oozing from his nose and mouth, and the body had turned black. The informant, namely George Harriel, brother of deceased, reported that his younger brother George Michael, had died under suspicious circumstances sometime between 8:00 p.m., on 16.05.2022 and 11:00 a.m., on 17.05.2022. On the basis of the said information, a case of unnatural death was registered, inquest proceedings were initiated in accordance with law and the dead body was sent for postmortem examination. The postmortem report did not reveal the exact cause of death, and accordingly, the viscera of deceased was preserved and sent to the FSL, Bilaspur for chemical examination. 4. As per the FSL report, viscera tested positive for the presence of ethyl alcohol and aluminum phosphide. Subsequently, George Harriel, brother of deceased filed a complaint before the Learned JMFC, Kota, Bilaspur, against the present applicant and two other accused. The learned Magistrate forwarded the complaint to the Station House Officer, Police Station Kota, for investigation. Upon completion of preliminary inquiry, the report was submitted before the learned Magistrate. Pursuant to the directions issued by the Magistrate, P.S. Kota registered the FIR against the present applicant and other accused namely Sanjay Khute @ Bablu Khute, Chaiti Bai Khute for the offences punishable u/ss 302, 201, 404 read with Section 34 of IPC. After completion of the investigation, the Police filed charge sheet before the trial Court. 3 5 (i) Learned counsel for the appellant submits that the present applicant is innocent and has been falsely implicated in this case because of a property dispute between him and the complainant, who is brother of deceased. He submits that there is no direct evidence showing his involvement in crime in question and merely based on circumstantial evidence, he has been roped in crime. He further submits that even no seizure has been shown to be made from this applicant. (ii) There is an inordinate delay of more than 3 years in lodging the FIR on 22.08.2025 whereas the incident took place on 16/17th May, 2022. (iii) It is submitted that there are 3 accused persons in the case i.e., the present applicant, his son Sanjay Khunte @ Bablu and daughter in law Smt. Chaitibai Khunte @ Chaiti Bai (wife of Sanjay Khunte). Sanjay Khunte and his wife Chaiti Bai were the care takers of the properties belonging to the deceased. The main accused is Sanjay Khunte. (iv) Similarly placed co-accused Smt. Chaitibai Khunte @ Chaiti Bai has been enlarged on regular bail by this Court by order dated 02.07.2026 passed in MCRC No. 5845 of 2026 and the case of present applicant is also on same pedestal. (v) He submits that the appellant is in jail since 17.09.2025; till date out of 14 witnesses, only 6 have been examined and there is no immediate possibility of conclusion of trial, therefore, looking to all these aspects, present applicant Panchram Khunte may be enlarged on bail. 6. Per contra, learned State Counsel opposes the bail application and submits that the present applicant along with his son Sanjay Khunte @ Bablu Khute and daughter in law Smt. Chaiti Bai have all conspired to commit the murder of deceased. 7. I have heard learned counsel for the parties and have perused the material available on record. 4 8. Having considered the rival submissions and the entire facts and circumstances of the case, particularly the fact that there is no direct evidence against the present applicant; no seizure has been shown to be made from him and further looking to the inordinate delay of more than 3 years in lodging the FIR against the present applicant as also the fact that co-accused Smt. Chaitibai Khunte has been enlarged on bail by this Court and further looking to the long custody of the applicant and the trial is yet to take time, without observing anything on merits of the case, I am inclined to release the applicant on regular bail. 9. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao