1 2025:CGHC:26457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3218 of 2025 1 - Bholeshankar Yadav S/o Shri Mohan Ram Aged About 21 Years R/o Village Khuntapani, Post Kokiya Tahsil Patthalgoan, District Jashpur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Sariya, District Raigarh (C.G.) ... Respondent For Applicant : Mr. Kaushal Yadav, Advocate. For Respondent : Ms. Mandvi Bhardwaj, Panel Lawyer. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 20/06/2025 1. This is second bail application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of bail as he has been arrested in connection with Crime No. 146/2022 registered at Police Station Sariya, District Raigarh (C.G.), for commission of offence punishable under Sections 302, 201, 120-B read with Section 34 of the Indian Penal Code. His first bail application was dismissed for want of prosecution vide order dated 22.03.2025 passed by this Court in M.Cr.C. No. 1642 of 2025. 2. Case of the prosecution, in brief, is that on 01.8.2022, two dead bodies were found floating in Mahanadi river in between Pillar No. 34-35 near Nadigaon, Surajgarh, Distt. Raigarh and said information was given by 2 Vishwajeet Manjhi to the police. The police recovered dead bodies and lodged merg report. During merg inquiry, dead bodies were got identified by the family members of deceased Shukru Ram Yadav and Manvati Yadav. During investigation, statement of younger son of the deceased, who was juvenile, was recorded, in which, he revealed that since his elder brother Khuleshwar was a sick person, therefore, tantrik Chatra Mohan Yadav told them that since his parents practice witchcraft, his elder brother remains ill. It is further alleged that said tantrik suggested to the juvenile that if they kill his parents Shukru Ram Yadav and Manvati Yadav, then his elder brother Khuleshwar would get well. Thereafter said juvenile and his jeeja Narsingh Yadav hatched conspiracy along with other accused persons and thereafter on 30.07.2022 all the accused persons took Shukru Ram Yadav and Manvati Yadav, who were residing in Raigarh at that time, in the vehicle on the pretext that their elder son Khuleshwar is not well and on the way they strangled both of them to death. FIR was lodged by the police and after usual investigation, charge sheet has been filed against the present applicant and other 05 accused persons for the offence under Section 302, 201, 120-B, 34 of the IPC. 3. Learned counsel for the applicant would submit that allegation against the present applicant is that applicant alongwith other co-accused persons only accompanied main accused of the case, who are juvenile offender (son of deceased), his jeeja Narsingh and one tantrik Chatra Mohan Yadav, while going in Jeep for bringing both the deceased persons whereas actual fact is that applicant was not going to bring both the deceased persons, rather he was sitting at Bus stop of village Khutapani, at that time, Jeep, in which, main accused persons were travelling, came there, therefore, applicant took lift only for going to Raigarh and only because of which, he has been implicated 3 in the instant case whereas he has no role at all in killing both the deceased. He further submits that applicant is in jail since 08.08.2022 and out of total 29 prosecution witnesses, only 8 witnesses have been examined till now, thus, conclusion of the trial is likely to take long time. He further submits that three similarly situated co-accused persons namely Raju Yadav, Khageshwar Yadav & Shankar Yadav have already been released on regular bail by this Court passed in M.Cr.C. Nos. 6967 of 2024, 6599 of 2024 & 1657 of 2025 vide order dated 27.01.2025, 27.01.2025 & 04.04.2025, respectively, therefore, the present applicant may also be released on bail on the ground of parity. 4. Per contra, learned counsel for the State while opposing the bail application filed by the applicant would submit that offence of murder was caused by applicant and other co-accused persons by hatching conspiracy and they conceal to dead bodies by tiding heavy stone with it. He further submits that the trial is going on, hence, the bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Perusal of case diary shows that main accused of the case is juvenile, his jeeja – Narsingh and one Tantrik Chatramohan Yadav and allegation against the applicant is that he was travelling in said jeep, in which, both the deceased persons were brought from their village. Having considered the nature of act of applicant and further considering the fact that the applicant is in jail since 8.8.2022; similarly situated three accused persons have already been released on bail and conclusion of the trial is likely to take long time, I feel inclined to grant bail to the application. 4 7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on his furnishing one personal bond for a sum of Rs.25,000/- alongwith one surety in the like sum to the satisfaction of the concerned trial Court on the following conditions :- 1. The applicant shall appear before the trial Court regularly on on each and every date, unless exempted from appearance. 2. The applicant, shall not in any manner, tamper with the prosecution witnesses. 3. If the applicant is found involved in simillar offence in the future, it will be open for the State to apply for cancellation of bail. Certified copy, as per rules. Sd/- (Naresh Kumar Chandravanshi) Judge amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.06.23 17:02:42 +0530