1 CGHC010212142026 2026:CGHC:40420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6169 of 2026 * - Balsaay S/o Late Nahal Singh Aged About 52 Years Caste Gond, R/o Village Kurridih, P.S. And Tehsil Bhaiyathan, District Surajpur Chhattisgarh --- Applicant Versus * - State Of Chhattisgarh Through Police Station Jhilmili (Bhaiyathan), District Surajpur Chhattisgarh --- Non-Applicant And MCRC No. 6315 of 2026 * - Surendra Singh @ Chhola S/o Shri Dashrath Aged About 30 Years R/o Village Unchdeeh, Police Station And Tahsil Surajpur, District- Surajpur, (C.G.) --- Applicant Versus * - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Jhilmili (Bhaiyathan), District- Surajpur, (C.G.) (As Per Charge Sheet) --- Non-Applicant For Respective Applicants : Mr. Bhupendra Singh and Mr. Anil Gulati, Advocates For Non-Applicant/State : Mr. Kawal Jeet Singh Saini, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 16/09/2026 1. As both the bail applications i.e. MCRC No. 6169/2026 (first bail Digitally signed by RAMESH KUMAR VATTI Date: 2026.09.17 12:00:07 +0530 2 application) and MCRC No. 6315/2026 (second bail application) under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 preferred by the respective applicants arise out of the same Crime No. 95/2024 registered at Police Station- Jhilmili (Bhaiyathan), District Surajpur (CG) for commission of offence punishable under Sections 296, 115(2), 238, 351, 126, 127, 103(1) and 3(5) of BNS, 2023, therefore, they are being disposed of by this common order. 2. As per the prosecution story, on 22.08.2024 at about 03:00 pm, due to previous enmity between deceased Balobai and the present applicants, abused Balo Bai and took her to the house of applicant- Balsaay, where they assaulted her by club. Resultantly, she sustained injuries and succumbed to those injuries on 26.08.2024. Thereafter F.I.R. was registered against the present applicants under Sections 296, 115(2), 238, 351, 126, 127, 103(1) and 3(5) of BNS, 2023 at Police Station Police Station- Jhilmili (Bhaiyathan), District Surajpur (CG). 3. Mr. Bhupendra Singh and Mr. Anil Gulati, learned Advocates appearing for the respective applicants would submit that the sole eyewitness- Gayatri, whose statement under Section 180 of BNSS was recorded after two months, has already been examined and she has not supported the case of prosecution. They would submit that the star witness has already been examined and the applicants are in jail since 27.08.2024, and therefore, both the applications for grant of regular bail may be allowed. 4. On the other hand, Mr. Kawal Jeet Singh Saini, learned Deputy Government Advocate appearing for the State would submit that the first bail application of the applicant- Surendra Singh @ Chhola was 3 rejected in MCRC No. 698/2025 vide order dated 24.01.2025. He would contend that out of 22 witnesses, 09 witnesses have already been examined till now and 11 witnesses are yet to be examined. He would submit that deceased- Balbai was assaulted by the present applicants on 22.08.2024 and subsequently, she succumbed to death on account of injuries sustained by her on 26.08.2024. He would submit that her statement under Section 180 of BNSS was recorded, wherein, she has made serious allegations of assault against the present applicants and after her death such statement would be treated as her dying declaration, and therefore, both the bail applications deserve to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the facts that the statement of the deceased under Section 180 of BNSS was recorded, wherein she has made serious allegations of assault against the present applicant; first bail application of applicant- Surendra Singh @ Chhola was rejected on merits; out of 22 witnesses, 09 have already been examined and 11 witnesses are yet to be examined and further looking to seriousness of allegations made against the present applicants, I am not inclined to grant bail to the applicants. Accordingly, both the bail applications are hereby rejected. Sd/- (Rakesh Mohan Pandey) Judge vatti