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2026 DAILYLAW 27317 (CHH)

CHAHAT YADAV v. STATE OF CHHATTISGARH

MCRC/6316/2026 · 2026-07-14

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 CGHC010268632026 2026:CGHC:29908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6316 of 2026 1 - Chahat Yadav S/o Amar Singh Yadav, Aged About 19 Years R/o Village Karga, Chowki Birejhar, P.S. Kurud, Distt. Dhamtari, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Chowki- Birejhar, P.S. Kurud, District Dhamtari (C.G.) ... Respondent For Applicant : Ms. Sweksha Sharma, Advocate For Respondent/State : Mr. Rohitashva Singh, Dy. Govt. Advocate For Objector : Ms. Shreya Sahu, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 15/07/2026 1. This is the first bail application filed u/s 483 of BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.286/2025, registered at Police Chowki - Birejhar, P.S. Kurud, District Dhamtari for offence punishable under Sections 103(1), 238, 3(5) of BNS. 2 2. As per the prosecution case, the allegation against the applicant is that on the night of 21.10.2025, he and co-accused Homesh Kumar took the deceased Manish Kumar Mithlesh to the spot on his motorcycle, assaulted him, and threw him under the bridge. Thereafter, co-accused Homesh Kumar Sahu went under the bridge and murdered Manish Kumar Mithlesh by hitting him multiple times on the head and face with stones, while co-accused Manish Kumar Sahu destroyed the evidence. On the basis of the report lodged in this regard, the present crime was registered, and the applicant was arrested on 27.10.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that there is no direct evidence against the applicant and co-accused, Manish Kumar Sahu, has already been enlarged on bail by this Court vide order dated 22.06.2026 passed in M.Cr.C. No.5180/2026. Therefore, on the ground of parity, the applicant is also entitled to be released on bail. He submits that out of 19 prosecution witnesses only 12 have been examined till date, the applicant is in jail since 27.10.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 4. Per contra, learned counsel for the State opposes the bail application and submits that there is direct allegation against the applicant and he had an active role in the commission of the offence. He further submits that the case of the present applicant 3 stands on a different footing from that of the co-accused, Manish Kumar Sahu, who has been granted bail. Therefore, having regard to the nature and gravity of the offence and the material available on record, the applicant does not deserve to be enlarged on bail. 5. Learned counsel appearing for the Objector has also opposed the prayer for bail and has adopted the submissions advanced by the learned State counsel. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail at this stage. 8. Consequently, the present bail application stands rejected. 9. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 10. Let a certified copy of this order be sent to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai