1 2026:CGHC:223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10112 of 2025 Sumit Kumar Jaiswal S/o Lalchand Jaiswal Aged About 32 Years R/o Dhancha Bhawan, Kurud, Police Station Jamul, District Durg Chhattisgarh (Description Of Applicant Mentioned As Per Supplementary Charge Sheet) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Purani Bhilai, District Durg Chhattisgarh ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Jitendra Gupta, Advocate For Respondent/State : Ms. Sunita Manikpuri, Deputy G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 02/01/2026 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 362 of 2024, registered at Police Station Purani Bhilai, District Durg, Chhattisgarh for the offence under Sections 103(1), 115(2) read with Section 3(5) and Sections 309(6), 296 of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’). VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.01.05 18:43:37 +0530 2 2. The case of prosecution, in brief, is that, on 15.09.2024, an FIR has been registered for the offence under Sections 103(1), 115(2) and 3(5) of BNS against Jitendra Verma, Sonu and one another accused for commission of the murder of deceased Narendra Naurange. It is alleged that on 15.09.2024, at about 5:45 PM, all the three accused persons assaulting the deceased by hand and fits and in between that the co-accused Jitendra Verma started assaulting by his belt and took a stone lying there and assaulted the deceased on his head, by which the deceased died. During the investigation, the accused persons have been arrested and after investigation charge sheet has been filed. 3. Learned counsel for the applicant would submit that, the applicant is innocent and has been falsely implicated in the offence. The present applicant is not named in the FIR, neither the eyewitnesses have stated his named in their statements. It is only his name appeared in the memorandum statement of the main accused Jitendra Verma, which is inadmissible in evidence, and except that there is no other admissible evidence against him. There is no seizure of any incriminating article or weapon of offence. The witnesses who have been examined before the learned trial Court, have also not named the present applicant that he also involved in the alleged commission of offence. The applicant is in jail since 02.07.2025, final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that, the name of the present applicant is disclosed by the 3 co-accused Jitendra Verma, on the basis of which he has been arrested and charge sheet has been filed. On the particular query raised from the learned counsel for the State about the evidence available against the present applicant, she would submit that, except the memorandum statement of Jitendra Verma, there is no other evidence against the present applicant available in the charge sheet. 5. I have heard learned counsel for the parties and perused the material annexed with the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation against the present applicant and further that, the only piece of evidence is available in the charge sheet against the present applicant i.e. the memorandum statement of the accused Jitendra Verma, and further that, he is in jail since 02.07.2025, final adjudication of the case will take its own time, without commenting anything on merits, I am inclined to release the present applicant on bail. 7. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 8. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- 4 (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved