1 2025:CGHC:34554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5305 of 2025 1 - Satbeer Yadav @ Chatbeer S/o Dharam Prasad, Aged About 30 Years, R/o Jobapara, Semri, Chowki-Belghana, Police Station - Kota, District : Bilaspur, Chhattisgarh. 2 - Devnath Yadav S/o Dharam Prasad Yadav Aged About 25 Years R/o Jobapara, Semri, Chowki-Belghana, Police Station - Kota, District : Bilaspur, Chhattisgarh. ... Applicants versus 1 - State Of Chhattisgarh (Through District Magistrate), Through Police Chowki-Belghana, Police Station Kota, District : Bilaspur, Chhattisgarh. ... Respondent For Applicants : Mr. Pawan Shrivastava, Advocate. For Respondent/State : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 21 / 07 / 2025 1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023 for releasing them on regular bail during trial in connection with Crime No. 184/2025 registered at Police Station –Kota, District –Bilaspur (C.G.) for SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.22 18:18:00 +0530 2 the offence punishable under Section 103(1), 238, 61, 3(5) of BNS. 2. The case of the prosecution is that, 28.02.2025, the complainant, Bal kunwar Bhaina, lodged a missing report of his son Milap Singh Bhaina S/o Amar Singh, aged about 19 years. During the investigation, the complainant alleged that the applicant, Satveer Yadav, had taken her son away on 22.02.2025, and later claimed that he had not returned home. Investigation revealed that the applicant/accused had a dispute with the deceased over a bicycle. The complainant alleged that the applicant had taken the deceased to a forest area, beaten him, and killed him, then burned his body to conceal the evidence. During the investigation, human remains, including bones and ashes, were recovered from the alleged crime scene, along with the deceased's slippers and a green checkered towel. The applicants/accused confessed to the crime during interrogation, and a stick allegedly used in the crime was recovered based on their memorandum. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. It is contended that the applicants have no involvement in the alleged crime and were arrested solely based on the last seen theory. The whole case is based on applicants’ memorandum and the statement of the deceased’s mother, without any incriminating material being seized from the possession of the applicants. The applicants have a clean record, with no criminal 3 antecedents, and have been in jail since 02.03.025. There is no likelihood of their case being decided in the near future, therefore, the present applicants may be released on bail. 4. On the other hand, learned State counsel opposed the bail application, submitting that the recovery of human remains, including bones and ashes, from the alleged crime scene by the villagers, indicates the gravity of the offence. The trial has not yet commenced, therefore, at this stage, the applicant may not be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that the trial has not yet commenced, therefore, at this stage, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.