2025:CGHC:770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9079 of 2024 Mukesh Kumar Kenwat S/o Late Shri Ganesh Ram Kenwat Aged About 27 Years R/o Village- Danganiya Bandhawapara, Police Station- Seepat, District-

Bilaspur, Chhattisgarh.

... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Seepat, Bilaspur, District – Bilaspur, Chhattisgarh.

---- Non-applicant RAJSHEKHAR SONI For Applicant : Mr. Ayush Verma, Advocate.

Digitally For Non-applicant/State : Mr. Malay Jain, Panel Lawyer.

signed by RAJSHEKHAR SONI Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

06.01.2025

1. From the perusal of the OfÏce Report dated 04.01.2025, the OfÏce has reported that the matter is being heard by Single Bench-I as per the current roster, in view of the same, the Court proceeds to hear the matter.

2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 463/2024, registered at Police Station – Seepat, District – Bilaspur (C.G.) for the offence punishable under Section 80 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

3. The case of the prosecution, is that merg intimation was lodged by the Guard/ward boy of DKS Super Speciality Hospital Raipur, District – Raipur (C.G.) namely Mahesh Kumar on 18.07.2024, which was recorded on zero as per which deceased Sukwara Bai Kenwat W/o Mukesh Kenwat, died on burn injuries during treatment, it was clearly mentioned in the hospital memo that the injured was admitted in the hospital on 15.07.2024 for treatment by the present applicant who is husband of the deceased who received 50% deep thermal burn inhalational injury who died on 18.07.2024. The merg on zero was send to Police Station Seepat where it was registered as merg intimation No. 91/24 on 12.08.2024. The Police Station Seepat after registration of merg, conducted merg inquiry. During merg inquiry Police recorded statement of mother of the deceased who has stated that the present applicant used to demand motor cycle as dowry and on objection her wife was subjected to cruelty by him and on 15.07.2024 the injured received burn injuries and during treatment she died on 18.07.2024 in DKS Hospital Raipur. On 21.07.2024 the brother of the deceased Ashok Kenwat preferred a written report in Police Station- Seepat suspected that his sister has been murdered by her in-laws. After merg inquiry the Police registered an offence for the offence in question and investigation was initiated, during course of investigation Police received the postmortem report, some articles were seized, present applicant was arrested, statement of the witness were recorded and after completion of the entire investigation charge sheet has been filed. Hence, this application.

4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the applicant is the husband of the deceased, and the marriage between the two was solemnized on 17.04.2024, and it is stated that the deceased was cooking food in her house on the gas, and due to an accident fire has been caused, on account of which she received burn injuries and died after 3 days of incident, it is stated that the deceased was admitted in the CIMS Hospital, thereafter, she referred to DKS Super Speciality Hospital Raipur, District – Raipur, by the applicant on 15.07.2024, which is evident from the document annexed with the charge-sheet. It is further submitted that on 19.07.2024 the statement of the complainant who is the brother of the deceased was recorded wherein he has stated that the deceased died while cooking in her house, a copy of the same has annexed in page No.21 of the bail application and the same document is also part of the charge-sheet, as the deceased had d