1 CGHC010223742026 2026:CGHC:40279 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5320 of 2026  Bhupesh Kumar Kosare @ Bhuppu S/o Lobhan Kosare Aged About 20 Years R/o Ward 03, Ahiwara, Police Station Nandini Nagar, District Durg Chhattisgarh ... Applicant versus  State Of Chhattisgarh Through Police Station Nandini Nagar, District Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate For Non-applicant : Mr. Keshav Prasad Gupta, G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 15.09.2026 1) The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.245/2025, registered at Police Station Nandini Nagar, District Durg (C.G.) for the offence punishable under Sections 103(1) and 3(5) of Bhartiya Nyaya Sanhita, 2023. Digitally signed by AJINKYA PANSARE Date: 2026.09.16 14:13:07 +0530 2 2) The prosecution story in brief, is that present applicant committed murder of Balwinder on 30.09.2025 by beating him with a wooden club as the deceased was quarreling with mother of applicant. It is alleged that applicant committed the said crime with the help of his brother, who used an iron spade to inflict injuries on the body of deceased. Thereafter, FIR was registered under Sections 103(1) and 3(5) of BNS and applicant was arrested on 01.10.2025. 3) Learned counsel for the applicant submits that if the prosecution story is accepted in its entirety, the offence committed by the present applicant would not travel beyond Section 105 of BNS. He further submits that the deceased Balwinder, who was in inebriated state, was assaulting the mother of applicant and on account of sudden provocation, applicant along with his brother started beating Balwinder. He also submits that most of the witnesses have been examined and they have not supported the case of prosecution. He prays to allow this bail application. 4) On the other hand, learned counsel for the State opposes the bail application and submits that postmortem report has revealed that deceased sustained serious injuries caused by hard and blunt object and articles seized from the possession of applicant and his brother were sent to forensic science laboratory. He further submits that trial is at its fag end as 13 witnesses out of total 21 witnesses have been examined, therefore no case is made out for 3 grant of bail at this stage. 5) I have heard learned counsel for the parties and perused the case diary. 6) It is an admitted fact that the evidence adduced before the learned Trial Court cannot be re-appreciated at the stage of entertaining an application for grant of bail. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that he inflicted fatal injuries over the body of the deceased using wooden club which resulted in his death, this Court is not inclined to extend the benefit of bail to the applicant at this stage. 7) Accordingly, the bail application of applicant is rejected. 8) Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a