1 CGHC010189492026 2026:CGHC:40599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4712 of 2026 Sarita Gonde W/o Shri Suresh Kumar Gonde Aged About 45 Years R/o Ward No. 15, Chouhanpara, Sarangarh, P.S. Sarangarh, Ditsrict Sarangarh-Bilaigarh, Chhattisgarh. --- Applicant versus State of Chhattisgarh Through P.S. Sarangarh, District Sarangarh-Bilaigarh, Chhattisgarh.. --- Non-Applicant MCRC No. 4841 of 2026 Amit Kumar Kurre S/o Late Mahettar Kurre Aged About 40 Years R/o Saigonbadi Korba, Chowki Manikpur, P.S. Korba, District Korba Chhattisgarh --- Applicant Versus State of Chhattisgarh Through The Police Station P.S. Sarangarh District Sarangarh-Bilaigarh Chhattisgarh. --- Non-Applicant For Applicants : Mr. R. S. Patel, Advocate Mr. Abhinav Shrivastava, Advocate (through VC) with Mr. Virendra Verma, Advocate For Non-Applicant/State : Mr. Dharmesh Shrivastava, Deputy Advocate General Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 17/09/2026 1. MCRC No. 4712 of 2026 is the first bail application filed by applicant 2 Sarita Gonde, whereas MCRC No. 4841 of 2026 is the second bail application filed by applicant Amit Kumar Kurre, his earlier first bail application bearing MCRC No. 10350 of 2025 having been rejected by the co-ordinate Bench vide order dated 15.12.2025 2. The applicants have preferred these Bail Applications under Section 483 of the BNSS, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 353/2025 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh for offences punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS). 3. The prosecution story in brief, is that on 19.07.2025 at about 08:30 PM, Police Station Sarangarh received information regarding the death of one Pramila Ajay. During the course of investigation, it was found that an altercation occurred between applicant Amit Kumar Kurre and the deceased over the possession and use of a car. Amidst the quarrel, the applicant Amit Kumar Kurre allegedly strangulated the deceased with a nylon rope while the present applicant smothered her face and mouth with a pillow, as a result she died. 4. Mr. Patel, learned counsel appearing for the applicant/Sarita Gonde would submit that the applicant is a 45-year-old lady. She is a President of an NGO, belonging to a respectable family and having deep roots in society. She is in jail since 20.07.2025. He would further submit that the prosecution case is based entirely on circumstantial evidence, as there is no eye-witness account, CCTV footage, or any direct evidence connecting the applicant with the alleged offence. The specific allegation regarding strangulation is attributed to a co- accused/Amit Kumar Kurre and no overt act has been assigned to the present applicant. He would also submit that the investigation has been completed and the charge-sheet has already been filed; therefore, no further custodial interrogation is required; thus, he would 3 pray that the applicant may be enlarged on bail. 5. Mr. Verma, learned counsel for the applicant/Amit Kumar Kurre, would submit that this is the second bail application filed on account of a significant change in circumstances. The trial has commenced and, out of 19 prosecution witnesses, 6 witnesses have already been examined, with several material witnesses not supporting the prosecution case. The case is based on circumstantial evidence and, till date, the prosecution has failed to establish any cogent motive or specific overt act attributable to the applicant. He would further submit that the applicant has no criminal antecedents. The applicant has remained in in jail for more than 10 months, while the trial is likely to take considerable time to conclude; thus, he may be enlarged on bail. 6. On the other hand, Mr. Dharmesh Shrivsatava, learned Dy. A.G. appearing for the State vehemently opposes the bail applications of both the applicants and submitted that a prima facie case is made out against them. He would submit that the alleged assault was executed with common intention. The applicant Amit Kumar Kurre strangulated the deceased using a nylon rope, applicant Sarita Gonde actively participated by pressing a pillow over the victim’s face and mouth to ensure asphyxiation; He would also submit that MCRC/4841/2026 is a second bail application filed by the applicant Amit Kumar Kurre without any substantial change in circumstances. He would contend that mere examination of 6 out of 19 prosecution witnesses does not dilute the gravity of the charge, nor can an appreciation of witness statements be conducted at this stage; thus, the bail applications may be rejected. 7. Having heard learned counsel for the parties and perused the case diary. 8. In the present case, there is a specific allegation against applicant Sarita Gonde; Though learned counsel has submitted that she is a 45- 4 year-old woman, has no criminal antecedents, and charge-sheet has already been filed, but the allegation against her is of active involvement in the crime in question. She is alleged to have smothered the deceased with a pillow while the co-accused tightened a nylon rope around the neck of the deceased. Thus, her role is directly connected with the alleged commission of the offence, therefore, merely on the ground of her gender or completion of custodial interrogation, she is not entitled to grant of bail. 9. So far as Applicant Amit Kumar Kurre is concerned, this is his second bail application and no substantial change in circumstances has been shown. A specific allegation of strangulating the deceased with a nylon rope is attributed to him. It is submitted that some of the witnesses have been examined and they have not supported the prosecution case. However, it is well settled principle of law that at the stage of considering a bail application, the evidence of the witnesses cannot be meticulously examined or appreciated, as the same may prejudice the trial. The fact that the applicant has remained in custody for more than 10 months, in the facts of the present case, does not by itself justify grant of bail considering the nature and gravity of the alleged offence. 10.Considering the nature and gravity of the offence, the specific allegations against both the applicants, and the material available on record, this Court is not inclined to grant bail to either of the applicants. 11.Accordingly, the bail applications filed by Applicant Sarita Gonde and Applicant Amit Kumar Kurre are hereby rejected. Sd/- Rakesh Mohan Pandey JUDGE Nadim