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2026 DAILYLAW 1671 (CHH)

KAMAL KUMAR MAHILANGE v. STATE OF CHHATTISGARH

MCRC/2116/2026 · 2026-03-15

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 2026:CGHC:12569 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2116 of 2026 1 - Kamal Kumar Mahilange S/o Jethuram Aged About 55 Years R/o Village- Sukulkari , P.S. Pachpedi, Tahsil- Masturi District- Bilaspur (C.G.) 2 - Jayesh Kumar S/o Kamal Mahilange Aged About 19 Years R/o Village- Sukulkari , P.S. Pachpedi, Tahsil- Masturi District- Bilaspur (C.G.) ... Applicants versus State of Chhattisgarh Through- Station House Officer- P.S. Pachpedi, District- Bilaspur (C.G.) ... Respondent For Applicants : Mr. Akhtar Hussain, Adv. For Respondent/State : Mr. Akhilesh Kumar, G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 16/03/2026 1. The applicants have preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as they are arrested in connection with crime No. 363/2025, registered at Police Station – Pachpedi, District- Bilaspur (C.G.) for offence punishable under Sections 296, 115(2), 109 and Section 3(5) of BNS read with Sections 25 & 27 of the Arms Act. 2. In this case, there are total 4 accused persons out of which 1 is juvenile. The prosecution's case, in brief, is that on 27.11.2025, complainant Rajesh Kurre lodged a report to the effect that on 26.11.2025 at about 8:00 pm, on the matter of liquor, the applicants Kamal Kumar Mahilange, Jayesh Kumar Mahilange along with co- accused Rakesh Kumar Mahilange, and the juvenile accused had abused the complainant and assaulted him by means of wooden stick, due to which the complainant ran away from the place and went to Rahas Chowk where, friends of the complainant namely Rajendra SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.03.17 10:43:18 +0530 2 mahilange and Phool Chand Mahilange were sitting. Subsequently, they both came to rescue him, due to which all the accused, including the present applicants, started abusing them, and the juvenile stabbed a knife to Rajendra Mahilange stomach and also assaulted Phool Chand Mahilange on his chest with intention to kill them. A club has also been seized from Applicant Kamal. Based on above, offence has been registered against the present applicants and they were arrested on 27.11.2025. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. Applicant Kamal is the father of applicant Jayesh, co-accused Rakesh and the juvenile accused. The juvenile was the main accused who stabbed the knife. His bail has already been dismissed by this Court vide order dated 09.02.2026 passed in CRR No.141/2026. There was no active participation of the applicants in the crime in question. They are in jail since 27.11.2025, trial has not been commenced and is likely to take some time to be finalized, therefore, it is prayed that the applicants may be enlarged on bail. 4. On the other hand, the State's Counsel opposes the bail application, stating there's a history of one Excise Act against the Applicants. 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, detention period of the applicants, their role in the crime in question and the fact that the trial is likely to take some time to be finalized, without further commenting on merits of the case, I am inclined to release the applicants on bail. 7. Accordingly, the bail application is Allowed. 8. It is directed that the applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one surety for the like sum to the satisfaction of the Trial Court for their appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham