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2026 DAILYLAW 22864 (CHH)

EKLAVYA KUMAR YADAV @ PINTU v. STATE OF CHHATTISGARH,

MCRC/5445/2026 · 2026-06-21

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:25516 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5445 of 2026 1 - Eklavya Kumar Yadav @ Pintu S/o- Kamalnarayan Yadav, Aged About 20 Years, (Wrongly Mentioned As Sittu In The Order- Sheet) R/o- Indira Nagar, Jamnipali, Police Station- Darri, District-Korba (C.G.). ... Applicant versus 1 - State Of Chhattisgarh, Through Station House Officer, Police Station- Bankimongra, District- Korba Chhattisgarh. ... Respondent For Applicant : Mr. Chandrikaditya Pandey, Adv. For Respondent/State : Ms. Deepeshwari Mahilwar, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 22/06/2026 1. The applicant has preferred this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as he is arrested in connection with Crime No.130/2025, registered at Police Station – Bankimongra, District- Korba (C.G.) for offence punishable under Sections 103(1), 61(2)(a) and 3(5) of BNS, 2023. 2. As per the prosecution’s case, on 04.07.2025, information was received at the police station Bankimongra that Ashwani Pathak @ Pintu had been found dead under SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.06.23 14:41:55 +0530 2 suspicious circumstances. Accordingly, merg intimation was recorded, and thereafter, a criminal case was registered against unknown persons for the offence of murder. During the investigation, the present applicant and other co-accused were taken into custody and memorandum statements were recorded pursuant to which a knife was seized from the present applicant. Based on this, offence has been registered, and the applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the FIR is not a named FIR and that only a knife has been seized from the possession of the present applicant. He next submits that there is no eyewitness to the alleged incident. The memorandum and seizure witnesses have turned hostile. The applicant has been in custody since 06.07.2025, and the conclusion of the trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits the applicant is the main accused who along with other co- accused persons hatched a conspiracy of murder, out of 30 witnesses only 09 witnesses have been examined till date, some important witnesses are still to be examined; therefore, at this stage, looking to the gravity of the offence, the applicant may not be released on bail. 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, and overall evidence collected by the prosecution against the applicant, and also looking to the gravity of the offence, at 3 this stage, without commenting on the merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. However, looking to the custody period of the applicant, the trial Court is directed to expedite the trial as early as possible. 7. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Sanjay Kumar Jaiswal) Judge $ourabh