1 2025:CGHC:43047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6175 of 2025 Harichand S/o Late Pandey Aged About 35 Years R/o Dumarkholi, Sarnatoli, Puranpani, P.S. Samripath, District Balrampur-Ramanujganj, (C.G.) ... Petitioner versus State of Chhattisgarh through S.H.O. Police Station Samripath District Balrampur Ramanujganj, C.G. ... Respondent For the Petitioner : Mr. Pushkar Sinha, Applicant. For the State : Ms. Pragya Shrivastava, Dy. Govt. Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 25/08/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 34 of 2024 registered at Police Station Samripath, District Balrampur-Ramanujganj (C.G) for the offences under Sections 103(1), 238, 3(5) of BNS. 2. The prosecution version is that one Khulu Birjia (complainant) lodged a report to the effect that on 18.07.2024, his son Vinod Birjia was 2 wandering with co-accused Magdhu Birjia and consumed alcohol with him and on 19.07.2024 at 12 o’ clock dead body of his son was found lying in forest, however, out of fear, he could not lodge the report. Thereafter, he came to know that co-accused Magdhu Birjia kept the severed hand of his son in bag and told that he would kept the wife of his deceased son. On the basis of the said report, the crime was registered. 3. Learned counsel for the applicant submits that there is no direct evidence against the present applicant to connect him with the crime in question and only on the basis of memorandum statement of main accused Magdhu, he has been inculpated. He submits that the memorandum statement of Magdhu was recorded on 27.8.2024 to which the present applicant Harichand and co-accused Sukhdev stood as witnesses and after two months the present applicant Harichand was also made an accused. He further submits that no weapon was recovered from the applicant and only a black thread (Kala Dhaga) was recovered from him, the use of the black-thread has not been mentioned and the FSL report is still awaited. He submits that similarly placed accused Sukhdev Nageshiya has been granted bail by this Court on 18.06.2025 in M.Cr.C. No.3734/2025. He submits that the applicant is in jail since 10.10.2024, there is no immediate possibility of disposal of trial and looking to the long custody period of the applicant, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that perusal of the memorandum statement of main accused Magdhu goes to show that the present applicant is also involved. 5. Having considered the submissions made by learned counsel for the parties and looking to the custody period of the applicant and the trial is likely to take considerable time to reach its conclusion and further considering the fact that similarly placed co-accused Sukhdev has been 3 granted bail by this Court, without observing anything on merits of the case, I am inclined to release the applicant Harichand on regular bail. 6. Accordingly, the bail application is allowed and it is directed that the applicant Harichand shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao