Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:8298 IGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1035 of 2026 Tilak Das S/o Shri Gafuran Das Aged About 46 Years R/o Sakhauli, P.S. Dhaurpur, Distt. Surguja, Chhattisgarh.
... Applicant versus State of Chhattisgarh through P.S. Dhaurpur, Distt. Surguja, Chhattisgarh.
... Respondent For the applicant : Mr. Bhupendra Singh, Advocate For the State : Mr. Sumit Singh, Dy.A.G. (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. 49/2025 registered at Police Station Dhaurpur, District Surguja (CG) for the offences under Sections 103(1) of BNS 2023.
2. As per the prosecution case,on 16.09.2025 a scuffle took place between the applicant and deceased, in which, the accused grabbed the neck of deceased and hit him to the ground and kicked on his abdomen six to seven times by hands and fists, due to which, serious internal injuries were caused to the intestines of deceased, ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.02.19 18:13:08 +0530
2 consequently the deceased died in hospital on 18.09.2025 during treatment.
3.
Learned counsel for the applicant submits that the incident had taken place on 16.09.2025 and the deceased died on 18.09.2025, till then no report has been lodged by any one about the incident. He further submits that there is an inordinate delay in lodging the FIR which was shown to be registered on 14.10.2025 whereas the merg intimation was lodged much before on 08.10.2025. He further submits that in the statement recorded u/s 183 of BNSS, eye-witness Rajkumar has stated that the deceased fell into a pit which caused his death and thus looking to the nature of incident, no ingredients u/s 103(1) of BNS are made out against the applicant. He next submits that charge has not yet been framed, the applicant is in jail since 14.10.2025 and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that there is eye-witness to the incident and the witnesses Balram, Anarkali & Meharsai have categorically stated that the deceased was assaulted by the applicant. It is also submitted that before his death, the deceased has narrated the incident to as many as 5 persons. He further submits that the case is fixed for
arguments on framing of charges, therefore, at this stage, the applicant may not be released on bail.
5. Having considered the submissions made by learned counsel for the parties, the over-all facts and circumstances of the case especially the fact that the matter has been fixed for arguments on framing of charges, I am not inclined to release the applciant on regular bail. Accordingly, the bail application is rejected. Sd/-
(Sanjay Kumar Jaiswal) Judge Rao