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2025 DAILYLAW 37847 (CHH)

MOKHTAR ANSARI v. STATE OF CHHATTISGARH

MCRC/6130/2025 · 2025-08-12

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6130 of 2025 1 - Mokhtar Ansari S/o Satar Asari, Aged About 38 Years R/o Parsawar, Chowki Bargarh, Police Station Bhandaria, District Garhwa (Jharkhand) 2 - Arif Ansari S/o Satar Ansari, Aged About 22 Years R/o Parsawar, Chowki Bargarh, Police Station Bhandaria, District Garhwa (Jharkhand) ... Applicants versus 1 - State Of Chhattisgarh Through Police Station Kusmi, District Balrampur Ramanujganj (Chhattisgarh) ... Respondent For Applicants : Mr. Sudhanshu Upadhyay, Advocate For Respondent : Ms. Pragya Shrivastava, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 13.08.2025 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.125/2024 registered at Police Station Kusmi, District Balrampur - Ramanujganj (CG) for the offence punishable under Sections 61(2), 140(1), 103(1), 238 of BNS, 2023. Digitally signed by BHOLA NATH KHATAI Date: 2025.08.14 16:47:49 +0530 2 2. As per the prosecution case, on 05.10.2024, a missing report was lodged by complainant Surajdev that his wife Kaushalya Thakur left home with her daughter Muskan Tahakur and son Mintu Thakur on 26.09.2024, stating she was going to the market, but never returned. Thereafter, a case was registered against Arif Ansari for allegedly luring and taking away Kaushalya Thakur and her children. Later, Mokhtar Ansari was implicated. On 15.11.2024, three human skulls, skeletons and clothes were found in the paddy field of village Dahejwar, Kanchanpur and Parasnath which were identified as belonging to Kaushalya Thakur and her children. During investigation, memorandum statements of applicants Mokhtar Ansari and Arif Ansari were recorded, pursuant to which incriminating evidence, including a blood-stained shirt, a mobile phone, a blood-stained Kathri, an axe & knife were seized. The accused were arrested and the charge sheet was filed against the applicants. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He submits that there is no direct evidence against the applicants regarding commission of offence. Charge sheet has been filed. There are total 55 witnesses, the applicants are in jail since 15.11.2024 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts, the applicants may be released on bail. 4. State counsel, on the other hand, opposing the bail application submits that pursuant to the memorandum statement of applicant Mokhtar Ansari, a blood-stained shirt, a blood-stained Kathri and an axe have been seized and on the memorandum statement of applicant Arif Ansari, a knife has been seized. DNA report is still awaited. She further submits that applicant Mokhtar Ansari was having illicit relationship with deceased Kaushalya Thakur and applicant Arif Ansari was having illicit 3 relationship with deceased Muskan Tahkur and CDR report is also available. Considering all these facts and the nature of offence, the applicants do not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicants and also considering the fact that it is a case of triple murder and trial has not commenced, this Court is not inclined to release the applicants on bail. 7. Accordingly, the present bail application stands rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai