1 2026:CGHC:11070 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1858 of 2026 • Roshan Yadav @ Thaneshwar Yadav S/o Late Santosh Yadav Aged About 23 Years R/o Village Suhela, Police Station Suhela, District Balodabazar Bhatapara (C.G.) ... Applicant. versus • State Of Chhattisgarh Through Police Station Suhela, District Balodabazar Bhatapara (C.G.). --- Respondent For Applicant : Mr. Aditya Dhar Diwan, Advocate For Respondent/State : Mr. Jitendra Shrivastava, GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/03/2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.249/2025, registered at PS -Suhela, District- Balodabazar, Bhatapra, (C.G.), for commission of offence punishable under Sections 103(1), 191(2), 191(3), 190, 238 of Bharatiya Nyaya Sanhita, 2023 and Section 25 & 27 of Arms Act, 1959. 2 2. Case of prosecution in brief, is that F.I.R. was lodged by Hirawan Sahu (brother of the deceased) alleging that on 27.09.2025, deceased Gopal Sahu alongwith his cousin Ganeshwar Sahu, brother-in-law Tejeshwar Sahu, Yogesh Sahu, Maniram Sahu & Kailash Yadav had gone to attend a local village fair (Durga Mela) at village Suhela, they are roaming in the village fair at about 01:00 AM in the night; deceased had told them that he was coming back and left the village fair alone and he did not return to the fair, thereafter, his body was found near Shankar Verma's house at about 06:00 AM in the morning. As per the F.I.R, injuries on the chest and abdomen of the deceased was caused by the sharp weapon. During investigation, statements of certain witnesses were recorded who allegedly claimed that they had seen the accused persons taking the deceased towards the field. Based on memorandum statements of the accused persons, a knife and certain blood-stained clothes were recovered. FSL examination has been conducted. Based upon which, present applicant has been arrested in the alleged crime/offence. 3. Learned counsel for the applicant submits that applicant has been implicated in this case only on the basis of the memorandum statements of the co-accused. FIR was lodged against the unknown persons, name of the present applicant does not appear in the FIR. The applicant has been implicated in the present case solely on the basis of the allegation that he is a friend of the co-accused persons and was allegedly present at the place of occurrence. There is no 3 eye-witness in this case. No weapon was recovered from the present applicant, the alleged knife was recovered from another accused person namely Samir Verma. As per case of the prosecution, the allegations against the applicant is only of assault by hands and fists. There is no any other criminal antecedent against the applicant. Applicant is in jail since 01.10.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant. He pointed out that one previous criminal case is registered against the applicant. 5. Heard learned counsel for the parties and perused the case diary. 6. Perusal of case diary reveals that FIR was lodged against the unknown persons, present applicant has not named in FIR, applicant is not the main accused in this case, main accused persons are Thakur Rampal and Akash Thakur, who assaulted the deceased by means of knife, present applicant has been implicated in this case only on the basis of the memorandum statements of the co-accused persons and CCTV footage, though CCTV footage indicates the presence of applicant at the spot, however, same does not capture the alleged incident of assault, there is no any recovery from this applicant, clothes of applicant has been seized and sent for FSL test, however, FLS report is not filed yet. As per allegation/query, this applicant has assaulted the deceased only by means of hands and fists. 4 7. Considering the above facts, nature of allegation against this applicant particularly his involvement in the alleged crime/offence, further the fact that applicant is not the main accused in this case, further considering the detention period of applicant, challan has already been filed, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-