1 2026:CGHC:8301 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1157 of 2026 1 - Badal Dahate S/o Dinesh Dahate, Aged About 27 Years, R/o Shardapar J P Nagar, Near Government School Camp 02 Bhilai, P.S. Chawni (As Per F I R), Durg, District And Tehsil Durg C.G. 2 - Vikash Dahate S/o Dinesh Dahate, Aged About 30 Years, R/o Shardapar J P Nagar, Near Government School Camp 02 Bhilai, P.S. Chawni (As Per F I R), Durg, District And Tehsil Durg C.G. ... Applicants versus 1 - State Of Chhattisgarh Through Police Station Chawni, District Durg C.G. ... Respondents For Applicants : Mr. B.P. Singh, Advocate. For Respondent/State : Mr. Anish Tiwari, Dy.G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 16 / 02 / 2026 1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023, for releasing them on regular bail during trial in connection with Crime No. 249/2025 registered at Police Station – Chawni, District –Durg (C.G.) for the offence punishable under Section 296, 351(3), 115(2), 103, 109, 3(5) of the BNS. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.02.16 18:22:04 +0530 2 2. The prosecution's case, in brief, is that on 23.05.2025, at about 8:30 PM, due to an old dispute, the accused persons, namely Manoj Yadav, Badal Dahate, and Vikas Dahate, abused and threatened the deceased, Manoj Tandon. Manoj Yadav first assaulted the deceased with a baseball bat, causing a grievous injury to his head. Thereafter, Badal Dahate and Vikas Dahate joined him and collectively assaulted the deceased with the intention to kill. Due to the serious head injury, the deceased fell unconscious and later succumbed to his injuries during medical treatment. On a report being made in this regard, the aforesaid offence was registered against the applicants and other co-accused. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case in question solely on the basis of the memorandum statement of co-accused Manoj Yadav. He further submits that in the FIR, the accused are mentioned as Badal Yadav and Bittu Yadav, although the applicants are Badal Dahate and Vikas Dahate. Nothing has been seized from the present applicants, and in the charge-sheet, the prosecution has not collected any documents or material to show that the present applicants are the same persons. He further submits that the applicants have no criminal antecedents and have been in jail since 25.05.2025. Given that there is no likelihood of the case being decided in the near future, the applicants may be released on bail. 4. On the other hand, the learned State counsel opposed the bail application, submitting that there are 3 eyewitnesses in the 3 present case and they have stated in their statements under Section 161 Cr.P.C. against the applicants. The trial has not yet commenced; therefore, at this stage, the applicants should not be granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the nature and gravity of the offence and taking into account that the trial has not yet commenced, at this stage, I am not inclined to release the applicants on bail. 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.