1 2025:CGHC:49273 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7261 of 2025 1 - Dil Kumar @ Dillu S/o Shiv Kumar Aged About 21 Years R/o Village Bharevapara, Police Station and Tahsil Pandariya, District Kabirdham C.G. 2 - Prince Yadav S/o Shiv Kumar Aged About 18 Years R/o Village Bharevapara, Police Station and Tahsil Pandariya, District Kabirdham C.G. ... Applicants versus State of Chhattisgarh through Station House Officer, Police Station Pandariya, District Kabirdham C.G. ... Respondent For the applicant : Mr. Gurudev I. Sharan, Advocate For the respondent : Mr. Atanu Ghosh, Govt. Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 25.09.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants in Crime No.102/2025 registered at Police Station Pandariya, District Kabirdham (CG) for the offences under Sections 296, 115(2), 351(3), 3(5), 103(1) of 109 of BNS, 2023. 2. The prosecution story in brief is that on 28.05.2025, when the complainant Laxminarayan, his father Chintaram Yadav, nephew Birendra ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.09.26 17:55:50 +0530 2 alias Dulwara (deceased) and Surendra Yadav were returning on a motorcycle after visiting the Gaurakapa temple and the fair. At around 7.30 pm, when they reached near Bhardali turn, the co-accused Falit Yadav and Mukesh Yadav, residents of Bharewapara, coming on a motorcycle, turned cutting the motorcycle of the complainant from the front. Then Surendra Yadav objected, on which the accused applicant and other co- accused abused and threatened to kill and assaulted them with sticks. In this incident, Laxminarayan Yadav and Chintaram Yadav got injured, while Birendra alias Dulwara died due to serious injury. On the information given by Deepak Yadav about the incident, the Police registered the FIR vide Crime No.102/2025. When Janikram informed about the death of Birendra alias Dularwa , a Dehati Merg information was registered. The body was examined and later the offence of murder was added. After completion of the investigation, charge sheet has been filed. 3. Learned counsel for the applicant submits that the applicants have been falsely implicated in this case and the FIR lodged on 28.05.2025 does not speak about the involvement of the present applicants as their names are not clearly mentioned in FIR. He submits that according to the prosecution’s case, the incident is said to have taken place in a spur of moment and the applicants have no criminal antecedents. He submits that the applicant Dil Kumar is in jail since 07.06.2025 and Prince Yadav is in jail since 21.06.2025 and there is no immediate possibility of disposal of case, therefore, the applicants may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application. He submits that there are 6 eye witnesses to the incident and bamboo sticks were seized from the present applicants. He further submits that the bail application of similarly placed co-accused Omprakash Chandrakar has been rejected by this Court by order dated 05.08.2025 passed in MCRC No.5633 of 2025 and the case of the present applicants is also on the same 3 footing. However, he do not dispute the fact that the applicants have no criminal antecedents. 5. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, I am not inclined to release the applicant on regular bail at this stage. Accordingly, the bail application is rejected. 6. However, looking to the custody period of the applicants the trial Court is directed to expedite the trial as early as possible. 7. Copy of this order be sent to the trial Court for information. (Sanjay Kumar Jaiswal) Judge Rao