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2026 DAILYLAW 16002 (CHH)

UTARA KUMAR CHAUHAN v. STATE OF CHHATTISGARH

MCRC/452/2026 · 2026-01-30

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:5462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 452 of 2026 Utara Kumar Chauhan S/o Bhuvan Lal Chauhan aged about 34 years R/o. Village Sajapani, Police Station Urga, District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Urga, District Korba (C.G.) ... Respondent (Cause-title is taken from CIS) For Applicant : Mr. Vivek Mishra, Adv. For Respondent/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 31/01/2026 1. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 420/2025, registered at Police Station – Urga, District- Korba (C.G.) for offence punishable under Sections 103(1) and Section 3(5) of BNS. 2. The prosecution's case, in short, is that the complainant, Nikhil Kumar’s father Shatruhan Chauhan (now deceased) had a dispute with his neighbors, Uttara Chauhan/applicant and his wife, Janki Chauhan/co- accused. Due to this ongoing dispute, on 19.09.2025, at approximately 7:00 PM, the applicant herein along with his wife Janki Chauhan, acting in concert, quarreled with and verbally abused Shatruhan Chauhan. They then tied his hands and his feet with a rope, and assaulted him with punches, kicks, and sticks, inflicting grievous injuries to his head, 2 chest, stomach, back, arms, and legs. Shatruhan Chauhan was taken to the district hospital in Korba for treatment, but he died on the way. Based on above, offence has been registered against the applicant and he was arrested on 29.09.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The eye- witnesses have not supported the case of prosecution and turned hostile. The deceased himself had past criminal record. He further submits that the applicant is in jail since 29.09.2025, out of 21 prosecution witnesses, only 4 have been examined till date and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant 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 rope and blood stained clothes from the applicant, therefore, looking to the nature of offence, the applicant 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, evidence collected by the prosecution against the applicant, without commenting on merits of the case, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application is Rejected. 8. However, considering the fact that the Applicant is in jail since 29.09.2025, the Trial Court is directed to expedite the Trial and to ensure that the trial is concluded as early as possible preferably within a period of 5 months from the date of receipt of a copy of this order. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham