1 2025:CGHC:59278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1928 of 2025 Malikram Gond S/o. Shri Nainsingh Gond, Aged About 27 Years R/o. Village- Dhanras, Tahsil Kota, Dist. Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kota, Distt. Bilaspur (C.G.) ... Respondent For Applicant : Mr. Sumit Shrivastava, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 05.12.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.1041/2025, registered at Police Station – Kota District - Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 105, 238 & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case in brief is that, on 03.11.2025, the informant went to Kota police station and got the inquest registered verbally that VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.11 16:56:57 +0530 2 his cousin Ayodhya Singh Khusro had left the house without informing anyone on 29.10.2025 at around 05.30 pm and a missing person report for him was filed at Junapara outpost on 01.11.2025. On 03.11.2025 at 08.00 pm, while searching for him along with the villagers in the forest, the dead body of Ayodhya Singh Khusro was found in the forest in the Doshimunda pond, village Dindol, police station Kota. The body of the deceased was in a burnt condition, On seeing the clothes the family members identified the dead body. On receiving the information, during investigation by Kota Police, they doubted that the some unknown persons have laid down the G.I. wire illegally in order to hunt the wild animals but the deceased came in contact and died so the accused persons with intention to disapper the evidence burnt the dead body and thrown in the pond, further, the co- accused Jansingh alias Bhola Baiga, Anil Baiga and the juvenile accused were arrested on 06.11.2025 and their memorandum statement has been recorded in which they named the present applicant therefore the police sought to arrest the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that as he has not committed any of the alleged offences. It is submitted that on the date of the incident, the applicant had consumed excessive alcohol and fell asleep in the veranda of Bhola Baiga’s house, and is unaware of the events; he has been implicated merely on suspicion, as he was found at Bhola’s house, and was not involved in any hunting or crime. The applicant is a resident of Dhanras Village, whereas the other accused are residents of Narbada Dindol Village, and at the time of the incident, he was intoxicated, rendering his 3 involvement unnecessary. Even if the prosecution case and material evidence are taken at face value, at most an offence under Sections 106(1) and 238 of BNS would be made out, which is bailable in nature. The incident occurred on 01.11.2025, and the Merg intimation was lodged on 03.11.2025 after the dead body was found; the applicant had gone to Narbada Dindol on 02.11.2025 to consume country-made liquor and has been wrongly implicated under Section 3(5) of BNS, 2023 for causing death. The applicant has no criminal antecedents, and the trial is likely to take considerable time; therefore, he may be enlarged on anticipatory bail. His arrest in the present false and fabricated case would cause irreparable loss and damage to his reputation, therefore, he prays for releasing the applicant on regular bail. 4. Learned State Counsel opposes the bail application, submitting that the accused committed a deliberate and heinous murder by illegally pulling a live electric wire, causing the death of Ayodhya Singh Khusro, and attempted to destroy evidence by burning the body. The accused admitted their involvement, and custodial interrogation is necessary. Considering the seriousness and deliberate nature of the offence, the State prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material available in the case diary, it is revealed that the accused Bhola Baiga, Anil Uike, Bhalikram Gond, Navparin Gond, Kishan Baiga, and Sohan Baiga illegally pulled an 11 4 KV live electric wire from the Paula Naga GI wire in the forest near Dindol Doshimunda pond to hunt wild animals, knowing that it could result in death, and as a result, Ayodhya Singh Khusro came in contact with the current and died on the spot. It is further evident that the accused attempted to destroy evidence by burning the body with petrol. The inquest and investigation prima facie indicate the commission of offences under Sections 105, 238, and 3(5) BNS. The accused Jansingh alias Bhola Baiga, Anil Baiga, and the juvenile children were arrested after admitting their involvement, and the investigation is ongoing. Considering the heinous nature of the offence, the deliberate attempt to destroy evidence, and the need for custodial interrogation, this Court finds no ground to grant bail to the applicants/accused, and accordingly, the bail application is rejected. 7. Accordingly, the anticipatory bail application of the applicant – Malikram Gond, involved in Crime No.1041/2025, registered at Police Station – Kota District - Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 105, 238 & 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav