1 CGHC010332522026 2026:CGHC:42205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7952 of 2026 Surajbhan (Surajnath) Dom S/o Muneshwar @ Bhuneshwar Aged About 59 Years R/o Village Chiraikhar Sukwaspara, Police Station Lailunga, District- Raigarh (C.G.) ... Petitioner(s) versus State Of Chhattisgarh Through Police Station Lailunga, District- Raigarh (C.G ... Respondent(s) For Applicants : Mr. Rajendra Patel, Advocate For State : Mr. Kawaljeet Singh Saini, Dy. G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.09 .2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 249/2022 registered at Police Station: Lailunga, District: Raigarh (C.G.) for the offence punishable under Section 302 of IPC. 2. The case of the prosecution, in brief, is that the dead body of Jamdai was recovered by her son, Rajendro Kumar Kandra, on 25.08.2022. As per the case of the prosecution, the deceased had accompanied the present applicant on 24.08.2022, and when they did not return, the complainant, who is their son, searched for them and found the dead body of his mother. 2 The police investigated the matter and, on the basis of the memorandum statement of the present applicant, seized the bicycle which was allegedly used in the commission of the crime. As per the post-mortem report, the cause of death was head injury caused by a hard and blunt object. As per the memorandum statement, the applicant assaulted his wife with the said bicycle. 3. Learned counsel for the applicant would contend that the applicant has been in custody since 27.08.2022. It is further contended that the police failed to communicate the grounds of arrest to the applicant, which is in violation of the law laid down by the Hon’ble Supreme Court in Vihaan Kumar v. State of Haryana, (2025) 5 SCC 799. It is also submitted that, till date, out of 19 witnesses, only 6 witnesses have been examined, and those witnesses have not supported the case of the prosecution. Thus, learned counsel for the applicant would pray for grant of bail on the ground of delay in trial. 4. On the other hand, learned counsel for the State would oppose the bail application. He would submit that there are serious allegations against the present applicant. He would contend that the deceased was last seen in the company of the applicant on 24.08.2022, and on the very next day, her dead body was found. He would further contend that, at the instance of the applicant, a bicycle was recovered. He would submit that the grounds of arrest were duly communicated to the applicant and, therefore, the present application deserves to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Having considered the facts and circumstances of the case, it appears that the applicant was arrested on 27.08.2022 and, till date, only 6 witnesses 3 have been examined. The applicant has been arrested in connection with the allegation arising from the circumstance of the deceased having been last seen in his company. The Hon’ble Supreme Court, in Sahil Manoj Machare Versus State of Maharashtra1, has reiterated that the right to a speedy trial is a fundamental right of an accused under Article 21 of the Constitution of India. In view of the aforesaid facts and the delay in conclusion of the trial, I am inclined to allow the application. 7. Accordingly, the bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Rakesh Mohan Pandey) JUDGE Saurabh 1. 2026 SCC OnLine SC 810