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2026 DAILYLAW 16634 (CHH)

KULDEEP BANJARE v. STATE OF CHHATTISGARH

MCRC/528/2026 · 2026-01-29

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:5268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 528 of 2026 1 - Kuldeep Banjare S/o Jagtaran Banjare Aged About 23 Years R/o 149, Kota, P.O. Champa, District : Raipur, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Tilda Neora, District : Raipur, Chhattisgarh ... Respondent For Applicant : Ms. Fouzia Mirza, Sr. Advocate with Mr. Navin Shukla, Advocate. For State : Ms. Laxmeen Kashyap, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 30/01/2026 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. 373/2025 registered at Police Station Tilda Neora, District Raipur (C.G.), for the offence punishable under Sections 137(2), 140(4), 103(1), 61(2)(A) of BNS and Section 4 of POCSO Act. 2. As per the prosecution’s case, it is alleged that on 26.08.2025, co-accused Vijay Dhiraj committed the rape and murder of a minor child and concealed the dead body with the help of another co-accused, Dharamveer Jangade (juvenile). It is alleged against the present applicant that he HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.01.30 17:28:31 +0530 2 has committed the offence of conspiring with the main accused in the case to commit serious crimes such as murder and to conceal the evidence of the said crime. Based on this, offence has been registered against the present applicant. 3. Learned Senior counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She further submits that only on the basis of the memorandum statement of the co-accused, the present applicant has been implicated in the crime in question. There is no seizure from the present applicant. She also submits that, as per the charge sheet dated 15.11.2025, a charge under Section 61(2)(A) r/w Section 3(5) of BNS has been framed against the applicant. The applicant was only aware of the incident. He has not committed any act of hiding the dead body or destroying the evidence. The applicant is in jail since 07.09.2025, and the trial is likely to take considerable time to conclude. Therefore, the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State opposed the bail application and submitted that the applicant was well aware of the fact of murder and concealment of the dead body by the co-accused, even though he had not informed the police or anyone, as such, the applicant was also involved in the crime in question, therefore, the applicant may not be enlarged on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and also considering the fact that there is no direct evidence against the present applicant, he is charged for the offence under Section 61(2)(A) r/w Section 3(5) of BNS and the 3 applicant is in custody since 07.09.2025, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to 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. 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 H.L. Sahu