1 2026:CGHC:8297 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 763 of 2026 Bhupendra Gota Aged About 22 Years S/o Shyamlal Gota Caste Halba R/o Gumdidih Police Station Durgkondal District North Bastar Kanker C.G. ... Applicant versus State of Chhattisgarh through Station House Officer, Police Station Durgkondal District North Bastar Kanker C.G. ... Respondent For the Applicant : Mr. Shubham Tripathi, Advocate For the State : Mr. Anish Tiwari, Deputy Govt. Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 16.02.2026 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. 31/2025 registered at Police Station Durgkondal, District North Bastar, Kanker (CG) for the offences under Sections 103(1 &, 3(5) of BNS 2023. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.02.19 18:13:55 +0530 2 2. The prosecution story, in brief, is that the applicant’s sister was in love with deceased Devlu which was resisted by him. The applicant’s father Shyamlal also got fury over his daughter’s love affair with Devlu Ram. In this back ground, the applicant and his father Shyamlal alongwith others formed a common intention to kill deceased Devlu Ram on 21.09.025 and in furtherance of that common intention they brought deceased Devlu to their house and beat him. Thereafter Devlu was brought to a mango tree near the Government Pond where he was assaulted and strangulated by a towel and then his body was hanged on the tree, as such, death of deceased was given a colour of suicide. 3. Learned counsel for the applicant submits that there is no direct evidence to connect the accused in crime in question and even no seizure was made from this applicant. He next submits that though the statement of Rukmani, sister of the applicant was recorded, the same is not against the applicant. He further submits that the statements of neighbours of Maniram and Kanhaiya also do not not state against the applicant. He submits that the applicant is in jail since 23.09.2025; the trial has not yet commenced and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that from the statement of main witness Rukmani, sister of the applicant, it is clear that soon before death, the deceased was assaulted by the applicant and her father and the incident was heard by her. He submits that this witness has made very specific statement 3 that her father and brother brought the deceased to the courtyard of their house and assaulted the deceased, therefore, it cannot be said that the allegation is on father alone. He further submits that the statements of other witnesses namely Kanhaiya and Maniram who are neighbours also show that the father has made extra judicial confession. Therefore, the present applicant may not be released on bail. 5. Having considered the submissions of learned counsel for the parties and the over all facts and circumstances of the case especially the fact that the trial has not yet commenced, I am not inclined to release the applicant on regular bail. Accordingly, the bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao