1 2025:CGHC:38825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5912 of 2025 * - Narsingh Yadav S/o Shree Jagbandhu Yadav Aged About 30 Years R/o Village Jharan, Thana Lailungu, District Raigarh, Chhattisgarh. ... Applicant Versus * - State Of Chhattisgarh Through Station House Officer, Police Station - Sariya, District Raigarh Chhattisgarh. ... Non-Applicant For Applicant : Mr. Manoj Kumar Yadav, Advocate For Non-Applicant : Mr. Pramod Shrivastava, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 05/08/2025 1. The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail pertaining to Crime No.146/2022 registered at Police Station Sariya, District Raigarh (C.G.), for the commission of offence punishable under Sections 302, 201, 120-B read with Section 34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that on 1.8.2022, two dead bodies were found floating in Mahanadi river in between Pillar No.34-35 near Nadigaon, Surajgarh, District Raigarh and said information was given by Vishwajeet Manjhi to the police. The police recovered dead bodies and lodged merg report. During merg inquiry, dead bodies were got Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.07 14:57:30 +0530 2 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 (present applicant herein) hatched conspiracy along with other accused persons and thereafter on 30.7.2022 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 present applicant and other 5 accused persons for the offence under Section 302, 201, 120B, 34 IPC. 3. Learned counsel for the applicant submits that the applicant is resident of village Jharan, PS Lailunga, District Raigarh. He further submits that there is no role of the applicant in murder of two elderly persons except he was driving the jeep and same was seized from his possession and there is no motive for the applicant to kill the deceased persons. He further submits that the applicant is in jail since 08.8.2022 and out of 29 witnesses, till date only 06 witnesses have been examined and conclusion of the trial is likely to take long time, hence, he may be granted bail. He would further contend that there are 09 accused 3 persons in the crime of murder and out of 09 accused persons, 05 accused persons have been granted bail including the juvenile. 4. Per contra, learned counsel for the State submits that the applicant has played active role in the conspiracy of killing Shukru Ram Yadav and Manvati Yadav and the applicant has actively participated in the commission of murder of both deceased, hence, his bail application may be rejected. 5. I have heard learned counsel for the parties, perused the case diary and material available on record. 6. The allegation against the present applicant is that he was driving the jeep which was seized from his possession and there is no role of the applicant in murder of two elderly persons. 04 accused persons namely Raju Yadav, Khageshwar Yadav, Shankar Yadav and Bholeshankar Yadav have already been granted bail by this Court as well as by coordinate bench in MCrC No. 6967/2024 dated 27.01.2025; MCrC No. 6599/2024 dated 27.01.2025; MCrC No. 1657/2025 dated 04.04.2025 and MCrC No. 3218/2025 dated 20.06.2025. 7. Having considered the aforesaid facts and further considering that the applicant is in jail since 08.8.2022 and conclusion of trial will take considerable time, I feel inclined to grant bail to the applicant. 8. Accordingly, the bail application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- 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 4 case so as to dissuade him/her from disclosing such fact to the Court; (ii) He shall not act in any manner which will be prejudicial to a 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 the disposal of the trial; and, (iv) He shall not involve himself in any offence of a similar nature in future. 9. The observation made in the course of this order is only for considering the case of the applicant on the application for the grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order. 10. Certified copy as per rules. Sd/- (Rakesh Mohan Pandey) Judge vatti