1 2026:CGHC:8423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1266 of 2026 Vicky Barle Urf Dadu S/o Late Sonu Barle Aged About 18 Years R/o Ward No. 44, Kasaradhi Durg, Police Station Padmanabhpur Tehsil And District- Durg (C.G.) (Details Of Applicant Of Properly Not Mentioned In First Page Of Impugned Order Sheet) ... Applicant(s) versus State Of Chhattisgarh Through- SHO, Police Station Padmanabhpur District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate For Respondent(s) : Mr. Anish Tiwari, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17.02.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 437/2024 registered at Police MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.02.17 17:52:37 +0530 2 Station – Padmanabhpur, District- Durg (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 103(1), 61(2), 3(5) of the BNS. 2. As per the prosecution story, in brief, it is alleged that in order to teach a lesson to her former lover, deceased Chetan Sahu, the co-accused, namely Roshni @ Roshni Lakra, along with her alleged lover Kuleshwar Sahu and his friends, including the present applicant and other co- accused Ajit Sagarvanshi, Akash Deshlahare, Prince Mahilange and Prem Vishwakarma, conspired to murder Chetan Sahu on 29.12.2024 at about 8:30 PM. It is alleged that when the deceased arrived at the spot on a motorcycle with his friend Rohit Tandi, the co-accused persons who were already present there assaulted Chetan Sahu with sticks and cutters and also attacked Rohit Tandi. While Rohit Tandi managed to flee and witnessed the incident from a distance, Chetan Sahu sustained grievous injuries on his head and neck and succumbed to the injuries during treatment. On the basis of the said incident, the concerned police registered the offence and arrested the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the 3 present case. It is contended that the applicant was neither named in the FIR nor in the charge-sheet and has been implicated solely on the basis of the memorandum statement of other co-accused persons. Even the eye- witness Rohit Tandi has not taken the name of the applicant in his statement. It is further submitted that no weapon has been recovered from the possession of the applicant and the specific and overt acts of assault have been attributed to the co-accused namely Roshni Lakra, Kuleshwar Sahu and Akash Deshlahare, from whom the weapons were seized. Learned counsel further submits that the charge-sheet has already been filed and the applicant is languishing in jail since 31.12.2024 and out of 24 prosecution witnesses, only 2 have been examined so far, and therefore the trial is likely to take considerable time to conclude. Hence, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned counsel for the State opposed the bail application. However, could not dispute the fact that charge-sheet has already been filed and further, the applicant has no previous criminal antecedents registered against him. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, particularly that the applicant was neither named in the FIR nor in the charge-sheet and appears to have been implicated mainly on the basis of memorandum statement of co-accused. Further, no weapon has been recovered from his possession and that the specific overt acts of assault have been attributed to other co-accused, the applicant is languishing in jail since 31.12.2024 and that out of 24 prosecution witnesses only 2 have been examined so far and the trial is likely to take considerable time for conclusion, therefore, without expressing any opinion on the merits of the case, this Court is inclined to allow the application and release the applicant on bail. 7. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 5 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Manpreet