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2026 DAILYLAW 23117 (CHH)

SAHDEV SURYAVANSHI v. STATE OF CHHATTISGARH

MCRC/5613/2026 · 2026-06-24

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:26084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5613 of 2026 1 - Sahdev Suryavanshi S/o Shri Karan Sai Harijan Aged About 37 Years R/o Village Thanggaon Chhuiepara Police Station And Tehsil Khadgawa And District Koriya C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- P.S. Baikunthpur Tehsil And District Koriya C.G. ... Respondent(s) For Petitioner(s) : Mr. Jameel Akhtar Lohani, Advocate For Respondent(s) : Ms. Deepeshwari Mahilwari, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 25/06/2026 1. The applicant has preferred this Second 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.348/2025 registered at Police Station – Baikunthpur, District – Koriya (C.G.) for the offence punishable under Section 103(1), 109(1), 326(g), 332-A, 249(A), 61(2)(a) and 3(5) of the BNS, 2023. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 2. First bail of the applicant was rejected on merits vide order dated 27.02.2026 passed in MCRC No.1472/2026. 3. The prosecution's case, in brief, is that on 14.10.2025 at about 11:15 PM, the main accused, Suresh Thakur @ Kanpuriya, along with co-accused persons, poured petrol on the house of his father- in-law and mother-in-law and set it ablaze using firecrackers. As a result, the house caught fire, leading to the death of his father-in- law Rai Ram Kewat, and injuries to his mother-in-law, Parvati. Her dying declaration was recorded. Based on this, crime has been registered and memo of the applicant has been recorded pursuant to which Rs.3,000/- has been seized from the present applicant. After due investigation, charge-sheet has been filed. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. It is further submitted that the main accused is Suresh Thakur @ Kanpuriya, who committed the offence along with other co- accused persons, and the present applicant has been falsely implicated by concocting a fabricated story of his involvement, allegedly on the basis of recovery of Rs.3,000/- in cash, which belongs to the applicant. It is also submitted that the name of the present applicant was not mentioned in the dying declaration of the deceased, Parvati. Learned counsel for the applicant would further submit that the other co-accused, namely, Natka @ Dilkhush Sardar and Aditya Kumar Das, have already been granted bail by this Court in MCRC No.2237 of 2026 decided on 3 25.03.2026 and MCRC No.3562 of 2026 decided on 20.04.2026, respectively, and that the case of the present applicant stands on the same footing. The applicant has no criminal antecedents and has been in jail since 21.10.2025. There are a total of 51 witnesses, out of whom only 09 have been examined, and the trial is likely to take considerable time to conclude. Therefore, as there is no likelihood of the case being decided in the near future, the applicant may be released on bail on the ground of parity. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that the main accused has given a bag, country made gun and bullet to keep or hide this for which he received Rs.3,000/- from the main accused and the same amount was seized from the applicant, therefore, the applicant should not be granted bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, the material collected by the prosecution, the period of incarceration undergone by the applicant, and the fact that the conclusion of the trial is likely to take considerable time, coupled with the fact that the co-accused have already been enlarged on bail by this Court in MCRC No.2237 of 2026 decided on 25.03.2026 and MCRC No.3562 of 2026 decided on 20.04.2026, and the case of the present applicant stands on a similar footing, this Court is of the 4 opinion that the applicant deserves to be extended the benefit of bail. Accordingly, without expressing any opinion on the merits of the case, I am inclined to allow the present application and direct the release of the applicant on bail. 8. Accordingly, the bail application is Allowed. 9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Saxena