Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:4447
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 535 of 2026 1 - Savan Yadav S/o Meluram, Aged About 30 Years, R/o Rangole (Nunera), Police Station - Pali, District - Korba Chhattisgarh. 2 - Milan Das Mahant S/o Late Kapildas Mahant, Aged About 48 Years, R/o Rangole (Nunera), Police Station - Pali, District - Korba Chhattisgarh. ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Pali, District - Korba Chhattisgarh. ... Respondent For Applicants : Mr. Goutam Khetrapal, Advocate. For Respondent/State : Amit Verma, P.L. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 27 / 01 / 2026
1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023, for releasing them on regular bail during trial in connection with Crime No. 71/2025 registered at Police Station – Pali, District –Korba (C.G.) for the offence punishable under Sections 103(1), 238, 3(5) of BNS,
2023. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.01.27 18:01:50 +0530
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2. The case of the prosecution, in brief, is that on 03.03.2025, the informant Pardeshi Das gave an intimation to the Police Station, Pali, to the effect that the dead body of an unknown lady in a burning condition was lying below a Mohlain tree on Gidhrailmada Road. On the basis of the above intimation, the police registered Merg No. 19/2025, and the deceased was identified as Shashikala Pulast. Thereafter, FIR No. 71/2025 was registered against an unknown person for the offence under Sections 103(1) and 238 of the BNS. During the course of investigation, the applicants were arrested on 06.03.2025. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. It is argued that FIR was registered against the unknown person and only on the basis of memorandum, the applicants have been arrested and implicate in this case. The evidence collected by the prosecution is prima facie insufficient to establish the applicants’ guilt. The applicants have no criminal antecedents, and have been in jail since 06.03.2025. There is no likelihood of their case being decided in the near future, therefore, the present applicants may be released on bail. 4.
On the other hand, the learned State counsel opposes the bail application, submitting that there was a love affair between the deceased and Applicant No. 2, and the applicants committed the murder of the deceased and thereafter burnt her body. It is further submitted that a disposal glass and a wooden stick have been recovered from Applicant No. 1 (Savan Yadav), and a water
3 pipe and a Scorpio vehicle have been seized from Applicant No. 2 (Milan Das). Out of a total of 24 witnesses, only 9 have been examined till date, and several important witnesses remain to be examined. Therefore, at this stage, the applicants may not be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicants, further considering the fact that out of 24 witnesses, only 09 have been examined till date, and and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicants on bail. 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 8. However, considering the fact that the applicants are in jail since 06.03.2025 about 10 months 21 days. It is an exceptional case, therefore, concerned trial Court is directed to expedite the trial as early as possible preferably within a period of 05 months. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal)
Judge Sourabh P.