1 CGHC010226182026 2026:CGHC:40608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5665 of 2026 1 - Shamsher Mohammad S/o Late Sheikh Ajimulla Aged About 50 Years R/o Ward No. 3, Sigudi Thana Maanpur District- Umaria (M.P.) Present Address- Chikhali Thana Chikhali District- Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- P.S. Darri, Distt- Korba (C.G.) ... Respondent(s) For Applicant : Shri Vikas Pandey, Advocate. For Respondent/ State : Shri Jitendra Shrivastava, G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.09.2026 1. The applicant has preferred this First Bail Application under Section 483 the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 47/2026 registered at Police Station Darri, District Korba (C.G.) for the offence under Sections 103 & 61(2) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 28.01.2026, the co-accused, namely, Bunti Devi, admitted her husband, namely, Arun Singh, to the hospital due to his ill health. Treatment was started and, during the NIRMALA RAO 2 course of treatment, he died on 30.1.2026. Thereafter, the brother of the deceased, namely, Rajesh Singh, lodged an FIR against the co- accused, Bunti Devi, alleging that she had killed her husband by administering poison. Thereafter, the police arrested the co-accused Bunti Devi on 31.1.2026 and on the basis of her memorandum statement, the present applicant has been implicated in this case. 3. Learned counsel for the applicant would submit that the charge-sheet has been filed, there are no previous criminal antecedents against the applicant, and he has been languishing in jail since 31.01.2026, whereas the conclusion of the trial is likely to take some time. Therefore, the instant bail application may kindly be allowed. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the fact that there was an extra-marital affair between Smt. Bunti Devi, wife of the deceased, and the present applicant, and that, on the fateful day, the wife of the deceased allegedly administered poison to him. It is also not in dispute that the deceased was a disabled person suffering from tuberculosis and paralysis and was unable to walk. The deceased was taken to the hospital due to ill-health on 28.01.2026 and during the course of treatment he died on 30.01.2026. In the FSL report, poison was detected. Though some of the witnesses have been examined, it is a well-settled principle of law that the reliability or credibility of the evidence of witnesses cannot be assessed while considering a bail application. It is also well-settled that a mini-trial is not permissible at this stage. 3 7. Having considered the allegations made against the applicant, who was allegedly having an extra-marital relationship with the wife of the deceased, the manner in which the offence was committed, and the evidence of the witnesses recorded under Section 180 of the BNSS, this Court is of the view that the applicant is not entitled to be released on bail in this case. 8. Accordingly, the bail application of the applicant is rejected. Sd/- (Rakesh Mohan Pandey) Judge Nimmi