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2026 DAILYLAW 20065 (CHH)

MOHIT KUMAR YADAV v. STATE OF CHHATTISGARH

CRA/1025/2026 · 2026-05-11

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:22424 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1025 of 2026 Mohit Kumar Yadav S/o Heeradhar Yadav Aged About 42 Years R/o Village Atang Police Station Kurud District- Dhamtari (C.G.) ... Petitioner(s) versus State Of Chhattisgarh Through- Station House Officer, P.S. Kurud, District- Dhamtari (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Harsh Verma, Advocate For Respondent(s) : Mr. Vinod Tekam, Govt. Advocate (Hon’ble Shri Justice Ravindra Kumar Agrawal, J.) Order on Board 12/05/2026 1. Pursuant to the order dated 21.04.2026, notice has been served upon the complainant and the report has been submitted by the Station House Officer, Police Station – Kurud, District – Dhamtari (C.G.), however, neither the complainant appeared in person nor through virtual mode and no representation has been made on their behalf, SUMIT KUMAR Digitally signed by SUMIT KUMAR Date: 2026.05.14 11:26:53 +0530 2 therefore, this Court proceeds to hear the appeal finally. 2. This is the third bail application of the appellant, the first bail application of the appellant has been dismissed as withdrawn on 09.12.2024 in CRA No.1921/2024, thereafter, the second bail application of the appellant has been dismissed on merits on 26.09.2025 in CRA No. 1757/2025, hence, this third bail application. 3. The appellant is in jail since 27.06.2024 in connection with Crime No. 279/2024 registered at police station – Kurud, District – Dhamtari (C.G.) for the offence under Section 294, 323, 506, 304 of IPC & Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. The case of the prosecution is that on 20.06.2024 at about 7:30 A.M., he was being informed by his brother Ghanshyam Dhruv that his cousin brother was being assaulted by the appellant near Ajgara Taalab by hand and fist and danda and his brother is lying in the Taalab. When he reached on the spot, he found his cousin brother Paras Ram Dhruv in injured condition and he was taken to the hospital where he died during his treatment. The FIR has been registered against the appellant and after investigation charge-sheet has been filed. 5. Learned counsel for the appellant would submit that the witnesses examined by the prosecution have not been fully supported and there are material omission and contradiction in their evidence. The Tehsildar who issued the social status certificate have stated that he has not issued the certificate Exhibit – P/22 and it is a forge certificate annexed in the charge-sheet and the said certificate has not been issued by him. 3 He would also submit that the appellant is in jail since 27.06.2024 and till date the trial of the case has not been concluded which will take some more time and considering the period of his incarceration, the appellant may be released on bail. 6. On the other hand, learned counsel for the State opposes and have submitted that the second bail application of the applicant has been dismissed on merits, the trial of the case is in progress and upto 24.02.2026, 21 witnesses have already been examined out of total 30 witnesses, therefore, the applicant is not entitled to be released on bail. 7. I have heard learned counsel for the parties and perused the material annexed with the present appeal. 8. Considering the submissions made by learned counsel for the parties, considering the nature of allegation, the material collected during the investigation, further considering that the second bail application of the applicant has been dismissed on merits and also that out of 30 witnesses, 21 witnesses have already been examined before the learned trial Court upto 24.02.2026 and the trial is in advance stage, I am not inclined to allow the appeal and to release the appellant on bail. 9. Accordingly, the appeal is hereby dismissed, however, considering the detention period of the appellant, the learned trial Court is directed to expedite the trial of the case. Sd/- (Ravindra Kumar Agrawal) JUDGE Sumit