Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 16666 (CHH)

MONU DHRUW ALIAS KUYI v. STATE OF CHHATTISGARH

MCRC/434/2026 · 2026-01-28

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:5004 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 434 of 2026 1 - Monu Dhruw Alias Kuyi S/o Hirau Ram Aged About 29 Years R/o. Maratha Para, Near Maratha Mangal Bhawan, Police Station - City Kotwali, Dhamtari, District Dhamtari (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through - Police Station - City Kotwali, Dhamtari, District Dhamtari (C.G.) ... Respondent For Applicant : Mr. Aditya Dhar Diwan, Adv. For Respondent/State : Mr. Akash Agrawal, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 29/01/2026 1. The applicant has preferred this first 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.30/2025, registered at Police Station – City Kotwali, Dhamtari, District- Dhamtari (C.G.) for offence punishable under Sections 103(1), 351(2), 3(5) of BNS. 2. As per the prosecution’s case, on 01.02.2025, Ritesh Pendaria lodged a report stating that on 31.01.2025 at about 11:30 pm, while he was sitting and talking with his HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.01.29 17:30:07 +0530 2 friend Shankar Dhimar (now deceased), at that time, the applicant along with co-accused Janmdev Sori came to the spot and took out a knife from his pocket and stabbed Shankar Dhimar in the stomach with intention to kill him. Thereafter, the co-accused also took out a knife from his pocket and stabbed Shankar Dhimar 2 to 3 times. After that, the applicant again stabbed the deceased 2-3 times on his chest, stomach, and thighs. When he attempted to intervene, both the accused persons threatened him and fled away from the spot. Based on the above, offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the sole eyewitness examined by the prosecution is the informant himself, who is an interested witness, being a close friend of the deceased. No independent witness has been examined from the public place, despite the incident allegedly occurring at a public place. According to the prosecution itself, the informant claims to be an eyewitness who intervened in the alleged incident; however, he did not sustain even a single injury. Considering that the incident allegedly involved repeated knife blows by two assailants, the absence of any injury on the informant renders his presence and intervention highly doubtful and creates serious suspicion regarding the veracity of his version. The applicant is in jail since 01.02.2025, and the trial is likely to take time to be finalised. 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 the case of the prosecution is supported by an eyewitness 3 namely Ritesh Pendaria (PW-2) and there is a seizure ofv knife from the present applicant on his memorandum; therefore, at this stage, looking to the gravity of the 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, and overall evidence collected by the prosecution against the applicant, and also looking to the gravity of the offence, at this stage, without commenting on the merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 7. However, considering the fact that the applicant is in jail since 01.02.2025, and out of 22 witnesses, only 4 witnesses have been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible, preferably within a period of 5 months from receipt of a copy of this order. 8. Office is directed to sent 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