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2026 DAILYLAW 22177 (CHH)

BALI SINGH v. STATE OF CHHATTISGARH

MCRC/4860/2026 · 2026-06-16

Shri Parth Prateem Sahu

Transfer Petitionbody2026

Judgment text

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1 / 3 2026:CGHC:24387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4860 of 2026 • Bali Singh S/o Babulal Marpachi Aged About 56 Years R/o Village- Kundeli Thana Jaitpur District- Sehdol (Madhya Pradesh) ... Applicant versus • State Of Chhattisgarh Through Station House Officer Thana - Urla District- Raipur (C.G.) ... Respondent For Applicant : Mr. Mahesh Kumar Mishra, Advocate For Respondent-State : Mr. Atanu Ghosh, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 17/06/2026 1. Applicant has filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 360/2023 registered at Police Station – Urla, District Raipur (C.G.) for offence punishable under Sections 302, 201 & 34 of IPC. 2. Case of prosecution in brief is that applicant along with the co- accused Sanju Singh and Ramlal Singh have committed murder of the deceased on the ground that he had some illicit relation with wife and daughter of the co- accused and in order to destroy the evidence, he threw the dead body in the mud. Thereafter, on the basis of the report of the complainant an offence under Sections 302 and 201/34 of IPC was registered and the investigation PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA Date: 2026.06.19 16:56:45 +0530 2 / 3 was started. Thereafter, on the basis of the memorandum of the co-accused, seizure was made and the applicant was taken into custody and is in jail since 12.09.2023. 3. Learned counsel for applicant submits that this is second bail application filed on behalf of applicant. He submits that during interrogation, memorandum statement of applicant was recorded in which he stated that he made extra judicial confession before Udham Singh (PW-1) and Krishna Bihari Mishra (PW-3). He contended that initially applicant was arrested based on the memorandum statement of co-accused and one mobile phone has been shown to be seized from his possession. Witness to the seizure memorandum namely Manoj Devdas (PW-6) and Girish Kumar Azad (PW-7) have been examined before the trial court and they have not supported case of prosecution with regard to the seizure of mobile and memorandum statement of applicant. He also contended that one of the co-accused namely Sanju Singh has been enlarged on bail by co-ordinate Bench of this Court in MCRC No. 1671/2026 on 28.02.2026. Applicant is in jail since 12.09.2023, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that applicant has made extra judicial confession before the witnesses PW-1 and PW-3. 5. At this stage, learned counsel for applicant submits that in the evidence of said witness PW-1, there is no specific averment with regard to present applicant of making extra judicial confession. 6. I have heard learned counsel for the parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, period of detention of applicant since 12.09.2023 and also that one of the co-accused namely Sanju Singh has been enlarged on bail by co-ordinate Bench of this Court, without 3 / 3 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 the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that- (a) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE