1 CGHC010195342026 2026:CGHC:31274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5592 of 2026 1 - Madvi Bhima S/o Late Masa Aged About 25 Years Caste- Muriya R/o Tumrela Errakotapara Thana Pamed Distt- Bijapur (C.G.) 2 - Kawasi Masa S/o Late Hadma Aged About 28 Years Caste - Muriya R/o Gunjeparti Rengampara Thana Pamed Distt- Bijapur (C.G.) 3 - Kartam Hunga S/o Late Joga Aged About 27 Years R/o Paurguda Thana - Pamed Distt- Bijapur (C.G.) ...Applicants versus State Of Chhattisgarh Through - P.S. Jagargunda Distt - Sukuma (C.G.) ... Non-applicant For Applicants : Mr. Vikas A. Shrivastava, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.07.2026 1. This is the first bail application filed under Section 483 of the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.24 11:04:55 +0530 2 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 06/2024, registered at Police Station – Jagargunda District - Sukuma (C.G.) for the offence punishable under Sections 148, 307 of the IPC and Sections 25 and 27 of the Arms Act, and Sections 8(1), 8(3) and 8(5) of the C.G. Jan Suraksha Adhiniyam. 2. The prosecution case, in brief, is that on 19/03/2024 Akhilesh Behera Company Commander lodged an written complaint to P.S. Jagasrgunda that on January 30, 2024, as per the verbal orders of the Superintendent of Police, Sukma district and the Superintendent of Police, STF Chief Baghera Durg, a force of 83 personnel, along with me, APC 03, PR 09, R 65, GS-02, R Trade-01, totaling 83 personnel, left from STF CG-05 Camp Silger for the establishment of a new camp in village Tekalgudam under the jurisdiction of Jagargunda police station in Sukma district. After reaching the new camp Tekalgudam, the team was engaged in outer cordon security, when on February 2, 2024, seeing the STF CG-05 team engaged in outer cordon security, unknown armed Naxalite Maoists opened indiscriminate fire with the intention of killing and looting weapons. During this, the STF CG-05 team retaliated for self-defense for about 15-20 minutes, upon receiving such complaint FIR has been resisted against some unknown person and during the course of investigation present applicants were arrested and after completion of 3 investigation Charge-sheet has been filed before learned Trail Court. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the learned Trial Court has committed a grave error, both on facts and in law, in rejecting the application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as the impugned order is based on mere presumptions and surmises rather than cogent evidence. The learned Trial Court failed to appreciate the settled principle of law that, however strong the suspicion may be, it cannot take the place of proof. It is further submitted that all the independent witnesses examined before the learned Sessions Court have categorically deposed that they do not know or identify the present applicants. Even if the entire prosecution case is accepted as true, no offence is made out against the present applicants, as neither were they identified by any witness nor was any prohibited or incriminating article recovered from their possession. Learned counsel further submits that the applicants themselves sustained injuries in the alleged incident and did not play any active role in the commission of the alleged offence. It is also submitted that the applicants have remained in judicial custody since 24.01.2025, and despite the lapse of more than 16 months, the trial has not concluded, with only seven prosecution witnesses having been examined so far. The applicants are 4 permanent residents of the village mentioned in the cause title, are agriculturists by profession, have deep roots in society, and there is no likelihood of their absconding or tampering with the prosecution evidence. Their implication appears to be merely to complete the prosecution case and fulfil an investigative formality, without any credible evidence connecting them with the alleged offence. Therefore, it is prayed that the applicants be enlarged on bail. 4. Learned State counsel opposes the present application and submits that the learned Trial Court has rightly rejected the application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after duly appreciating the material available on record. It is submitted that, on the basis of a written complaint dated 19.03.2024 lodged by Akhilesh Behera, Company Commander, STF CG-05, an FIR was registered at Police Station Jagargunda, District Sukma. As per the prosecution case, an STF contingent comprising 83 personnel had proceeded from STF CG-05 Camp, Silger, for establishment of a new security camp at village Tekalgudam and, while providing outer cordon security on 02.02.2024, unknown armed Naxalite/Maoist cadres indiscriminately opened fire with the intention to kill the security personnel and loot their weapons, compelling the STF team to retaliate in self-defence for about 15–20 minutes. Though the FIR was initially registered against unknown persons, during the course of investigation sufficient material was collected revealing 5 the involvement of the present applicants, pursuant to which they were arrested and, after completion of investigation, a charge- sheet has been filed before the learned Trial Court. It is further submitted that the allegations disclose a grave offence involving an armed attack on security forces engaged in anti-Naxalite operations, and the applicants have been charge-sheeted on the basis of prima facie material collected during investigation. Accordingly, it is prayed that the present applicants is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case-diary. 6. Having heard learned counsel for the parties and upon perusal of the case diary, the charge-sheet, the impugned order and the material available on record, this Court finds that the prosecution case relates to a serious incident of an alleged armed attack by Naxalite/Maoist cadres on the STF personnel who were deployed for providing security during the establishment of a new security camp at village Tekalgudam. As per the prosecution case, while the STF team was engaged in providing outer cordon security, unknown armed Naxalite/Maoist cadres indiscriminately opened fire with the intention to kill the security personnel and loot their weapons, compelling the STF personnel to retaliate in self- defence. Although the FIR was initially registered against unknown persons, during the course of investigation the present applicants came to be implicated and, after completion of 6 investigation, a charge-sheet has been filed before the competent Trial Court against them. Considering the nature and gravity of the offence, which pertain to an armed attack on security forces allegedly committed by Naxalite/Maoist cadres, the material collected during investigation, the filing of the charge-sheet, and the prima facie involvement of the present applicants as reflected from the case diary, without expressing any opinion on the merits of the case, this Court is of the considered opinion that the present applicants are, not entitled to the grant of regular bail. 7. Consequently, the present application, being devoid of merit, deserves to be and is hereby dismissed. 8. Accordingly, the bail application of the applicants – Madvi Bhima, Kawasi Masa & Kartam Hunga involved in Crime No. 06/2024, registered at Police Station – Jagargunda District - Sukuma (C.G.) for the offence punishable under Sections 148, 307 of the IPC and Sections 25 and 27 of the Arms Act, and Sections 8(1), 8(3) and 8(5) of the C.G. Jan Suraksha Adhiniyam, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav