1 2026:CGHC:25333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4867 of 2026 Rahul Diwan S/o Gopinath Diwan Aged About 24 Years R/o Village- Bagrail, Police Station Dabhra, District Sakti (C.G.) ... Applicant. versus State Of Chhattisgarh Through- Station House Officer, Police Station- Dabhra, District Sakti (C.G.) ---- Respondent -------------------------------------------------------------------------------------------- For the Applicant : Mr. Praveen Sharma, Advocate assisted by Mr. Chandra Prakash Choubey, Advocate. For the State : Mr. Rohitashva Singh, Dy. GA. For the Complainant : Mr. Aman Kesharvani, Advocate. -------------------------------------------------------------------------------------------- Hon'ble Shri Sanjay Kumar Jaiswal, Judge Order on Board 22.06.2026 1. This is First Bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 22.08.2025 in connection with Crime No. 257/2025 registered at Police Station – Dabhra, District Sakti (C.G.), for the offence punishable under Sections 103(1), 332(B), 324(6), 191(1), 191(3), 296, 115(2), 2 351(3), 109(1), 325, 103(2) of BNS. 2. The prosecution case, in short, is that on 11.08.2025, complainant- Kantibai Mahant gave information to the concerned police station to the effect that she resides in the village of Bagrail, Police Station- Dabhra. The government bore-well pump in her locality had broken down; consequently, on the morning of 10.08.2025, at 10:00 AM, her husband-Sarvedas procured and installed a new starter, thereby restoring the pump to working order. When Chand Butai Mahant went to fetch water, her husband remarked that he had successfully repaired the bore- well. Subsequently, their son, Vimal Mahant, called his father to come along and brought him home; after having their lunch, they both went to sleep. Due to an old grudge, in the evening of 10.08.2025, at about 6:00 PM, several villagers namely Piladas Mahant, Rohidas Mahant, Sufaldas Mahant, Chamrudas Mahant, Krishnadas Mahant, Mannudas Mahant, Kamaldas Mahant, Durjandas Mahant and Sunildas Mahant arrived carrying sticks, clubs and iron rods. While hurling obscene abuses involving mothers and sisters and issuing death threats, they smashed the doors and windows of the house, barged inside and physically assaulted her husband- Sarvedas Mahant and her son Vimaldas Mahant by means of kicks, sticks, clubs, and rods. The complainant managed to take her son to the rear of the house towards the Kolabari area and hidden him there. 3 She then returned to save her husband, but the assailants assaulted her as well and shoved her aside. They then bound her husband Sarvedas's hands with a piece of cloth and dragged him into the lane near Sufaldas Mahant's house. Acting in concert and with the specific intent to kill him, they launched a lethal attack on Sarvedas Mahant at that location, beating him severely with kicks, sticks, clubs, and rods, before abandoning him near Sufaldas Mahant's residence. Acting upon this information, police personnel proceeded to the village of Bagrail; while they were bringing her husband, Sarvedas Mahant, to the Dabhra hospital for medical treatment, he passed away at about 9:00 PM that night. As a result of the assault, her husband sustained severe injuries to his head, face, chest, abdomen and both arms and legs. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Present applicant has not been named in the FIR lodged by complainant-Kantibai Mahant (wife of deceased). Complainant in her statement recorded under Section 161 of Cr.PC has named Rahul Mahant and has not named Rahul Diwan, who is present applicant, further considering that PW-1/complainant in her deposition before the Court, has stated that on the date of the alleged incident, 4 Rahuldas was carrying/holding a bamboo stick ( बांस का डंडं) in his hand. There are total 37 witnesses in this case, out of which, only 06 witnesses have been examined before the trial Court till today. Urmila Mahant & Yashoda Mahant (co-accused) have been granted bail by this Court vide order dated 25.03.2026 & 05.05.2026 passed in M.Cr.C. No.2253/2026 and M.Cr.C. No. 3935/2026. The applicant is in jail since 22.08.2025 and trial is likely to take considerable time to conclude, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application and submits that there are specific allegation against the applicant of committing the alleged crime/offence. A wooden stick, which has been used in the alleged incident, has also been seized from the applicant on the basis of memorandum statement. As such, he may not be enlarged on bail at this stage. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of allegation, submissions of counsel for the parties, particularly the fact that the applicant has not been named in the FIR, complainant in her statement recorded under Section 161 of Cr.PC has named Rahul Mahant and has not named Rahul Diwan, who is present applicant, further PW-1/complainant in 5 her deposition before the Court, has stated that on the date of the alleged incident, Rahuldas was carrying/holding a bamboo stick ( बांस का डंडं) in his hand, further considering that Urmila Mahant & Yashoda Mahant (co-accused) have been granted bail by this Court vide order dated 25.03.2026& 05.05.2026 passed in M.Cr.C. No.2253/2026 and M.Cr.C. No. 3935/2026, the applicant is in custody since 22.08.2025 and only 06 witnesses have been examined out of 37 witnesses, trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on bail. 7. 7. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) JUDGE J/-