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2026 DAILYLAW 35836 (CHH)

MUKESH SEN v. STATE OF CHHATTISGARH

MCRC/6776/2026 · 2026-09-15

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010288862026 2026:CGHC:40489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6776 of 2026 1 - Mukesh Sen S/o Late Krishna Kumar Sen Aged About 31 Years R/o Tokro, P.S. Abhanpur, District Raipur Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Abhanpur, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. B.L. Sahu Sahu, Advocate For Non-applicant : Mr. Jitendra Shrivastava, GA Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 16.09.2026 1) The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), for grant of regular bail, as he has been arrested in connection with Crime No.311/2025, registered at Police Station Abhanpur, District Raipur (CG) for the offence punishable under Sections 109(1), 115(2), 103(1) of BNS. 2) The case of the prosecution, in brief, is that the complainant gave information to the concerned Police Station stating that, on the date of the incident, the applicant had a quarrel with his deceased wife regarding her alleged illicit relationship with another person. Thereafter, 2 the applicant assaulted his wife with a weapon and used filthy language, as a result of which the deceased sustained injuries and subsequently died. Initially, the police registered a Merg against an unknown person and, during the course of investigation, registered offences under Sections 109(1), 115(2) and 103(1) of the B.N.S. against the applicant. Hence, the bail application. 3) Learned counsel for the applicant would submit that most of the witnesses have not supported the case of the prosecution. He would further contend that the applicant is in jail since 28.08.2025. Therefore, he would pray that the bail application may be allowed. 4) On the other hand, learned State counsel would oppose the bail application and submit that there are eyewitnesses, namely, Tanmay Sen, aged about 8 years (son of the deceased), Mohan Sen (brother of the applicant) and Krishna Kumar Sen (father of the applicant), who have categorically stated that the present applicant committed murder of his wife, namely, Priyanka Sen. It is further submitted that on the date of the incident, i.e., 27.08.2025, the applicant used a sabbal as a weapon, and as per the postmortem report, the Medical Officer detected various injuries over the body of the deceased. Therefore, bail application deserves to be rejected. 5) I have heard learned counsel for the parties and perused the case diary. 6) It is a well-settled principle of law that, while considering a bail application, the High Court cannot conduct a mini-trial or undertake a detailed examination of the evidence. The reliability and credibility of 3 the witnesses are matters to be assessed by the learned Trial Court during the course of trial. 7) Having considered the fact that the present applicant allegedly committed the murder of his wife by using a deadly weapon, that there are eyewitnesses, including the son of the deceased, and the medical evidence corroborates the ocular evidence, I do not find any good ground to enlarge the applicant on bail. Accordingly, the bail application filed under Section 483 of the BNSS, 2023 is rejected. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha