1 2025:CGHC:40499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6133 of 2025 1 - Ramesh Matlam S/o. Shri Budhram Matlam, Aged About 38 Years R/o Village - Mandanar, Thana - Amabeda, Distt.- North Baster Kanker (C.G.) 2 - Budhram Matlam S/o. Late Shri Jaisingh Aged About 60 Years R/o Village - Mandanar, Thana - Amabeda, Distt.- North Baster Kanker (C.G.) --- Applicants versus The State Of Chhattisgarh Through Station House Officer, Police Station Amabeda, Distt.- North Baster Kanker (C.G.) --- Respondent MCRC No. 5887 of 2025 1 - Sagau Ram Matlam S/o Late Shri Lakhmaram Aged About 32 Years By Caste- Gond, R/o Village- Mandanar, Tahsil- Amabeda, Distt. North Baster Kanker, C.G. 2 - Durgu Ram Matlam S/o Shri Bisnath Aged About 28 Years By Caste- Gond, R/o Village- Mandanar, Tahsil- Amabeda, Distt. North Baster Kanker, C.G. (Father Name Correctly Mentioned) ---Applicants Versus The State Of Chhattisgarh Through Station House Officer, Police Station Amabeda, Distt. North Baster Kanker, C.G. ... Respondent SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.13 12:07:03 +0530 2 For Applicants : Mr. Sunil Sahu, Adv. For Respondent/State : Mr. Akhilesh Kumar, G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 12 / 08 / 2025 1. Since, both the bail applications arise out of same crime number, therefore, they are being decided by this common order. 2. The accused/applicants have moved this first bail applications under Section 483 of BNSS, 2023 for releasing them on regular bail during trial in connection with Crime No. 02/2025 registered at Police Station – Amabeda, District – North Baster Kanker (C.G.) for the offence punishable under Sections 103(1), 61(2)(A), 3(5) of BNS, 2023. 3. As per the prosecution’s case, complainant Ramsay Poya, son of deceased Somaru lodged a report at Police Station Amabeda stating therein that on 01.02.2025 at about 8:00 pm, his father went to sleep behind the house and on morning 02.02.2025 at about 6:30 am, he saw that his father was died and there is injury on his head, face and nose and one hammer was lying near the bed. On the basis of complaint, FIR was lodged and on suspicion co-accused Ganesh Matlam was arrested and his memorandum 3 statement was recorded in which he named the present applicants saying that all the accused persons had conspired for murder of the deceased, therefore, the present applicants were arrested and on the basis of which offence has been registered against the present applicants. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case only on the basis of the memorandum statement of the main co-accused, Ganesh Matlam. There is no seizure from the present applicants, and also there is no memorandum from the present applicants. He also submits that other co- accused namely Lakhamu Ram Koreti and Ratan Singh Matlam have already been granted bail by this Court vide order dated 10.07.2025 passed in MCRC no.4556/2025 and the case of present applicants is similar in nature. The applicants are in jail since 04.02.2025, charge sheet has been filed and the trial is likely to take some time to be finalized, therefore, the present applicants may be released on bail. 5. On the other hand, learned counsel for the State opposes the bail applications and submits that looking to the nature of offence, at this stage, the applicants may not be enlarged on bail. 4 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the case's facts and circumstances, the applicants' detention period, the absence of any memorandum or seizure from them, and the fact that similarly placed co-accused have already been granted bail by this Court, therefore, without commenting on merits of the case, I am inclined to grant bail to the applicants. 8. Accordingly, the applications are allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs. 25,000/- each with one surety in the like sum to the satisfaction of the trial Court. Applicants are directed to appear before the trial Court on each and every date to be given to them by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham