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2026 DAILYLAW 11345 (CHH)

KISHAN RAJPUT v. STATE OF CHHATTISGARH

MCRC/367/2026 · 2026-02-08

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 367 of 2026 1 - Kishan Rajput S/o Baratu Rajput, Aged About 20 Years R/o Village Nawagaon, Police Station Bhimkhoj, District- Mahasamund (C.G.) 2 - Roshan Dhruv @ Shivam S/o Machhwa Dhruv Aged About 19 Years R/o Village Bahnakadi Khadanpara, Police Station Mandir Hasaud, District- Raipur (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Mandir Hasaud, District- Raipur (C.G.) ... Respondent For Applicants : Ms. Divya Sahu, Adv. For Respondent/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09/02/2026 1. The applicants have preferred this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as they are arrested in connection with Crime No.759/2024, registered at Police Station – Mandir Hasaud, District- Raipur (C.G.) for offence punishable under Sections 103(1), 3(5) of BNS, 2023. HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.02.10 10:15:59 +0530 2 2. As per the prosecution’s case, it is alleged that on 25.11.2024, in furtherance of their common intention, the applicants had assaulted Ramesh Kol @ Fursat Kol on his head by means of a stick, due to which the deceased died. Based on this, offence has been registered against the present applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. She further submits that the FIR was against an unknown person, and the applicants have been arrested only on the basis of memorandum statement. There is no eyewitness in this case. There are a total of 18 listed witnesses, of whom 4 have been examined and have turned hostile. The applicants are in jail since 27.11.2024, and the trial is likely to take time to be finalized. Therefore, it is prayed that the applicants may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that there is a seizure of hammer from applicant Kishan Rajput and a stick and blood stained clothes from applicant Roshan Dhruv and some important witnesses have yet to be examined; therefore, at this stage, looking to the gravity of the offence, the applicants may not be released on bail. 5. I have heard learned Counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, and overall evidence collected by the prosecution against the applicants, and also looking to the gravity of the offence, at this stage, without commenting on the merits of the case, I am not inclined to release the applicants on bail. 3 Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 7. However, considering the fact that the applicants are in jail since 27.11.2024, and out of 18 witnesses, only 4 witnesses have been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible, preferably within a period of 5 months from receipt of a copy of this order. 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 H.L. Sahu