1 CGHC010152722026 2026:CGHC:40327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3545 of 2026 • Sonu Kenwat @ Conductor S/o Ashok Kenwat Aged About 29 Years R/o Sirgitti, District Bilaspur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Sirgitti, District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Amit Soni, Advocate For Respondent(s) : Mr. Nitnahsh Jaiswal, Dy. G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15.09 .2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 268/2025 registered at Police Station- Sirgitti, District- Bilaspur (C.G.), for the offence punishable under Sections 103(1), 3(5) of the B.N.S., 2023 and Sections 25, 27 of Arms Act. 2. The prosecution case, in brief, is that the dead body of one Shiva Nayak was recovered by the police on 19.05.2025. Thereafter, FIR was registered against the present applicant and one Raja @ Bhuruwa Verma for commission of offences punishable under VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.09.17 11:24:17 +0530 2 Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act. During the course of investigation, the police recorded the memorandum statements of the accused persons. The post-mortem examination of the deceased was conducted, wherein the medical officer opined that the cause of death was cardiorespiratory arrest due to hypovolemic shock as a result of severe injuries sustained by the deceased. Pursuant to the memorandum of the co-accused, a knife was seized; however, no incriminating article was seized from the exclusive possession of the present applicant. 3. Mr. Amit Soni, 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 there is no substantive evidence against the present applicant and that his implication is based only upon the memorandum statement. It is also submitted that the charge-sheet has already been filed and that the applicant has been in custody since 20.05.2025. On these grounds, learned counsel prays for grant of bail to the applicant. 4. Per contra, learned State counsel appearing for the State/non- applicant opposes the bail application and submits that in the memorandum statement of the co-accused, it has been categorically stated that the present applicant used a clutch wire in commission of the offence. According to the learned State counsel, the said statement indicates the involvement of the present applicant in the commission of the offence. It is also informed by learned counsel for the State that applicant has one criminal antecedent of the year 2022 registered for commission of 3 offence punishable under Section 354 and 323 of IPC, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the submissions made by learned counsel for the parties and the material available on record, it appears that the allegation against the present applicant is that he committed the murder of the deceased with the help of a clutch wire. However, the post-mortem report does not support such allegation. The medical officer did not find any mark over the neck of the deceased. The cause of death has been opined to be cardiorespiratory arrest due to hypovolemic shock on account of multiple injuries sustained by the deceased. Thus, at this stage, the allegation levelled against the present applicant is not corroborated by the medical evidence. Further, the charge-sheet has already been filed and the applicant has been in custody since 20.05.2025, without expressing any opinion on the merits of the case, and having regard to the facts and circumstances of the case, I am inclined to grant bail to the applicant. 7. Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; 4 (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Rakesh Mohan Pandey) Judge Vaishali