1 2026:CGHC:17944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2773 of 2026 Durgesh Singh Thakur Alias Lala Thakur S/o Shubham Singh Thakur Aged About 38 Years R/o Chindpara, Ward No. 16, Budbud Pali, Police Station And Tahsil Pali, District Korba, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Pali, District Korba, Chhattisgarh ... Non-Applicant For Applicant : Mr. Manoj Paranjpe, Advocate along with Mr. Anshul Tiwari, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. For Objector : Mr. Vijay Kumar Sahu and Jaydeep Singh Yadav, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.04.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.21 18:15:32 +0530 2 No. 114/2025 registered at Police Station – Pali, District – Korba (C.G.), for the offence punishable under Sections 191(2), 191(3), 190, 103(1), 61(2)(a) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2. The earlier bail application of the applicant has already been rejected by this Court vide order dated 25.07.2025 in MCRC No. 5829 of 2025 on merits. 3. The prosecution’s case, in brief, there are two private transporter groups, namely SN Group and MTC Group, involved in the transportation of coal from the Saraipali mines to the concerned purchasers. On 28.03.2025, at around 10:00 PM, a dispute arose between the above-mentioned transporter groups, resulting in a free fight between them, in which one Rohit Jaiswal ultimately died. The incident was reported in writing by one Anil Jaiswal at Pali Police Station, wherein it was informed that the deceased, Rohit Jaiswal, worked as a coal lifter at the Saraipali mines. Another group of coal lifters, namely Roshan Singh, Gaurav Singh Thakur, Vasu Thakur, Saurabh Shrivas, Sushant Thakur @ Sijju, Sanskar Thakur, Monty Kashyap, Mukesh Shrivas, Sunil Sagar, Prabhat Dubey, Nilesh Singh Raj, Kailash Kaiwart, Vinod Singh, Vivek Kaushik, Mayank Thakur, and others, allegedly started fighting with the deceased, Rohit Jaiswal, at the gate of the mines using a country-made pistol, sword, gupti, knife, sticks, etc. It is further alleged that the incident took place in the presence of the Station In-Charge of Police Station, Pali. Based 3 on the written complaint made by Anil Jaiswal, Pali Police Station registered FIR bearing Crime No. 114/2025 on 29.03.2025 for offences under Sections 191(2), 191(3), 190, 103(1), 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, 1959, against a total of 18 accused persons. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He submits that after rejection of the first bail application, the statement of the complainant/injured has been recorded before the trial Court, which reveals that during his evidence, he admitted that the applicant was not named in the written report (P/1), merg report (P/2), or the FIR (P/3). It is further submitted that during his examination before the trial Court, the complainant stated that he had disclosed the name of the applicant to the police; however, the police failed to record the applicant’s involvement and instead mentioned an incorrect name, namely Roshan Singh Thakur. He further submits that there is no prima facie evidence against the applicant, and that the arrest, based solely on the statement of co-accused persons, does not satisfy the requirement of reasonable suspicion. It is also submitted that the applicant has been in custody since 29.03.2025, and the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned counsel appearing for the State as well as for the complainant vehemently oppose the prayer for 4 grant of bail to the applicant and submit that the statement of the complainant/injured recorded by the trial Court clearly shows that he had named the applicant as being involved in the present case, however, the police have erroneously recorded an incorrect name of one Roshan Singh Thakur and that the trial is in progress, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the gravity of the offence, and the material available in the case diary, and further taking into account that the statement of the complainant/injured recorded by the trial Court clearly indicates that he had named the applicant as being involved in the present case, though the police have erroneously recorded an incorrect name of one Roshan Singh Thakur and also considering that the first bail application of the applicant has already been rejected on merits by this Court vide order dated 25.07.2025 passed in MCRC No. 5829 of 2025; and further, that the SLP filed by a co- accused, namely Vivek Kumar Kaushik, against the order passed by this Court in MCRC No. 5720 of 2025 dated 22.07.2025, being SLP No. 13573 of 2025, was dismissed as withdrawn vide order dated 15.09.2025; and there being no new ground raised, and keeping in view the seriousness of the allegations against the applicant, this Court is of the considered opinion that the second 5 bail application of the applicant is liable to be rejected. 8. Accordingly, the second bail application of the applicant - Durgesh Singh Thakur Alias Lala Thakur, involved in Crime No. 114/2025 registered at Police Station – Pali, District – Korba (C.G.), for the offence punishable under Sections 191(2), 191(3), 190, 103(1), 61(2)(a) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav