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2026 DAILYLAW 3061 (CHH)

DEEPAK NISHAD v. THE STATE OF CHHATTISGARH

MCRC/595/2026 · 2026-01-26

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:4456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 595 of 2026 1 - Deepak Nishad S/o Keval Nishad, Aged About 22 Years, R/o Village Pahanda, Police Station Berla, District Bemetara (C.G.). ... Applicant versus 1 - The State Of Chhattisgarh Through Police Station Berla, District Bemetara (C.G.). ... Respondent For Applicant : Mr. Raj Kumar Pali, Advocate For State/Respondent : Mr. Ashish Shukla, Addl. A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 27.01.2026 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.140/2025 registered at Police Station Berla, District Bemetara (CG) for the offence punishable under Sections 296, 351(3), 115(2), 103(1) of BNS. 2. The case of the prosecution, in short, is that on 23-05-2025, the complainant/deceased, Ramesh Kumar, lodged a report against the applicant, stating that on 22-05-2025 at 5:30 in the evening, the applicant came to the deceased and asked for SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.01.27 18:01:50 +0530 2 alcohol, but he refused. The applicant then assaulted the deceased with filthy language, picked up a stone, and slammed it onto his right foot. When his wife came to the spot, the applicant also threatened her. On this basis, a crime was registered for the offences under Sections 296, 351(3), and 115(2) of the BNS. During treatment, the deceased died, and then the offence under Section 103(1) of the BNS was added, and the applicant was arrested. Hence, this bail application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the evidence collected by the prosecution is not prima facie sufficient to hold the applicant guilty of the alleged offences. The applicant is in jail since 26.05.2025, and the trial has not yet commenced. There is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 4. Learned State counsel opposes the bail application, submitting that considering the nature and gravity of the offence, the applicant should not be granted bail, as the trial has not yet commenced. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence, the material collected and available on record against the applicant and the fact that the trial has not yet commenced, I do not find it appropriate to release the applicant on bail at this stage. 3 7. Accordingly, the present bail application is rejected. 8. However, considering the fact that the applicant is in jail since 26.05.2025 about 08 months. It is an exceptional case, therefore, concerned trial Court is directed to expedite the trial as early as possible. 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.