1 2026:CGHC:4762 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order reserved on : 10.12.2025 Order delivered on : 28.01.2026 MCRC No. 9250 of 2025 Sheikh Fayaz S/o Sheikh Gayassuddin, Aged About 23 Years R/o Ward No. 11, Nurani Chowk, Saraipali Police Station- Saraipali, District Mahasamund (C.G.) ---Applicant. versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station- City Kotwali Mahasamund, District Mahasamund (C.G.) --- Respondent For Applicant : Mr. Amarnath Pandey, Advocate. For Respondent/State : Mr. Ajit Singh, GA with Ms. Pragya Shrivastava, Dy. GA. Hon’ble Shri Justice Arvind Kumar Verma C A V Judgment 1. This is Second Bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime 2 No.77/2025, registered at PS - City Kotwali Mahasamund, District Mahasamund (C.G.), for commission of offence punishable under Section 103(1) of the BNS, 2023. 2. First Bail application of the applicant was dismissed for want of prosecution on 07.11.2025. 3. Case of prosecution, in brief, is that on 15.08.2024, Animesh Gardia submitted a hospital memo reporting the death of deceased Neeraj Sanwra alias Bhau Bhai. In the memo, it is alleged/mentioned that the deceased was brought dead in the Government Hospital, Mahasamund on 15.08.2024 and the time of death was 12:34 PM on the same day as certified by Dr. Deepak Kumar Madhukar (medical officer), who issued the hospital memo. Based upon the memo, merg intimation report bearing No.109/2024 was registered at Police Station Mahasamund. During the course of investigation, CCTV footage from District Jail, Mahasamund showed that on 15.08.2024 at 01:57 AM, the applicant/accused Sheikh Fayaz, who is inmate, was seen forcefully pulling the head of the deceased backward inside in the jail barrack. Further, in the CCTV recording at 01:58:24 AM on the same date, the accused Sheikh Fayaz was again seen jerking the head of the deceased Neeraj backward, after which the deceased's head fell back and no further body movement was observed. Further, it was revealed that the accused inmate Sheikh Fayaz, due to personal enmity and annoyance caused by the abnormal behavior of deceased inmate Neeraj, which disturbed him during the night, forcefully pulled Neeraj's head backward, 3 resulting in his death. Statements of Assistant Jail Superintendent Mukesh Prasad Kushwaha, other jail guards and witnesses were recorded during the investigation. Upon completion of the investigation, an offence was found established against the applicant/accused, and a charge sheet was filed against him under Crime No.77/2025 for offence under Section 103(1) of BNS. 4. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. FIR was registered against unknown person. As per the post-mortem report of the deceased, there were as many as 35 injuries present over the body of the deceased which has not been explained properly by the investigating authority. Cause of death as per post-mortem report is "Asphyxia, due to-compression of neck by hand", whereas the allegation levelled against the present applicant/accused was seen forcefully pulling the head of the deceased backward. The accused Sheikh Fayaz was again seen jerking the head of the deceased Neeraj backward. Cause of death ascertained by the post-mortem report and the act which has been alleged to be done by the applicant/accused are of two different kind. Applicant is in jail since 24.06.2025, conclusion of trial may take some time, hence, applicant may be granted bail. 5. Per contra, learned State Counsel opposing the submission of counsel for the applicant and submits that after receiving Medical Report dated 17.08.2024, the team of doctors, upon verification of the post-mortem report of deceased Neeraj Sanwara, opined that 4 immediate cause of death was Asphyxia due to compression of the neck by hand; nature of death is homicidal. During investigation, the police have obtained the CCTV footage dated 15.08.2024 recorded at about 01:57 AM and 02:04 AM, wherein it is clearly seen that the present applicant pulled the head of the deceased backwards, as a result of which, deceased became unconscious. The statements of witnesses have categorically supported the involvement of the present applicant and the clipping of the CCTV footage has been identified by other inmates of same barrack. The State authorities have constituted a Judicial Committee for conducting a proper enquiry into the matter. After conducting the enquiry, the Judicial Committee has submitted a report, in which, it is recorded that nature of death of deceased was homicidal. The police have properly investigated the matter and examined each and every person including all the inmates who were present on spot at the time of alleged incident, including the Jail Warden and other persons who were on duty in the barrack where the deceased was kept in custody. Since, the material/evidence collected by the prosecution clearly establishes the involvement of the present applicant in the alleged crime/offence, bail application of the applicant deserves to be dismissed/rejected. 6. Heard learned counsel for the parties and perused the records. 7. Perusal of records shows that upon verification of the post-mortem report of deceased Neeraj Sanwara, team of the doctors opined that cause of death was Asphyxia due to compression of the neck by the 5 hand and death is homicidal in nature. The police have obtained the CCTV footage, in which, it is clearly seen that the present applicant pulled the head of the deceased backwards, as a result of which, the deceased became unconscious. The clipping of the CCTV footage has been identified by other prisoners detained in the same barrack. The team of doctors as well as the Judicial Enquiry Committee have categorically affirmed the nature and cause of death of the deceased. 8. It is pertinent to mention here that ground raised by learned counsel for the applicant to the effect that the CCTV footage of District Jail, Mahasamund shows only that the applicant forcibly pulled/jerked the head of the deceased backwards inside the jail barrack, whereas, as per the post-mortem report, as many as 35 injuries were found on the body of the deceased and the same have not been properly explained by the investigating agency, is a matter requiring appreciation of evidence. Such issues fall within the domain of trial and are to be adjudicated by the learned trial Court at the appropriate stage of the trial. 9. Upon consideration of the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, and particularly in view of the CCTV footage, the post-mortem report, and the material and evidence collected by the prosecution, which prima facie indicate the involvement of the present applicant in the murder of the deceased, this Court is not inclined to grant bail to the present applicant. 6 10. Accordingly, the second bail application is hereby rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-