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2026 DAILYLAW 18554 (CHH)

MANHARAN v. STATE OF CHHATTISGARH

MCRC/2158/2026 · 2026-03-22

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:13650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2158 of 2026 1 - Manharan S/o Jeetram Sahu Aged About 23 Years R/o Village Butipali Police Station Bhanwarpur, District Mahasamund (C.G.) 2 - Hemkumar S/o Jeetram Sahu Aged About 29 Years R/o Village Butipali Police Station Bhanwarpur, District Mahasamund (C.G.) .. Applicant versus State of Chhattisgarh Through- The Station House Officer, Police Of Police Station Baloda, District Mahasamund (C.G.) ... Respondent (Cause-title is taken from CIS) For Applicants : Mr. Ajay Kumar Chandra, Adv. For Respondent/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 23/03/2026 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. 82/2025, registered at Police Station – Baloda, District-Mahasamund (C.G.) for offence punishable under Sections 302, 120(B) r/w Section 34 of IPC. SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.03.24 10:43:52 +0530 2 2. The prosecution's case, in short, is that on 24.07.2023, when the complainant along with other villagers had gone to Shishupal Hill to gather firewood. While there, they observed a man trapped amidst the rocks beneath the waterfall at Shishupal Hill (Kashi Pathar); upon seeing him, they descended the hill. On 25.07.2023, after informing the Baloda Police Station that a person was trapped amidst the rocks beneath the Shishupal Hill waterfall, police personnel from the police station arrived to investigate. Upon reaching the site, they found an unidentified male body lying dead and in a severely disfigured state amidst the rocks; with the assistance of a sweeper and local villagers, the body was extricated from the rocks. The deceased's head was crushed, rendering identification impossible. It was determined that the death of the deceased resulted from a fall from the Kashi Pathar waterfall. It is alleged that the applicants along with other co-accused persons committed murder of deceased Omkeshwar Sidar on 15.07.2023. Based on above, offence has been registered against the applicants and they were arrested on 13.11.2025. 3. The learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime. There was no seizure from the applicants. The deceased fell from a waterfall himself. The applicants were implicated solely on suspicion. The incident occurred on 15.07.2023, the body was found on 25.07.2023, and the FIR was registered on 13.11.2023. There is no direct evidence against the applicants. A juvenile, initially stated to be an eyewitness, is also being prosecuted in this case, rendering him no longer a credible eyewitness. The applicants have no criminal antecedents and they have been in jail since 13.11.2025, the trial has not commenced till date and is likely to take some time to be finalized, therefore, it is prayed that the applicants may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that there are circumstantial evidence available on record against the applicants. Further, an extra judicial confession has been made before juvenile accused who is also an eye- witness, therefore, looking to the nature of offence, the applicant may not be released on bail. 3 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, submissions of Counsels appearing for the parties, evidence collected by the prosecution, detention period of the applicant, further considering the fact that the trial has not commenced till date and is likely to take some time to be finalized, without commenting on merits of the case, I am inclined to release the applicant on bail. 7. Accordingly, the bail application is Allowed. 8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham