Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:15436
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2330 of 2026 1 - Ravi Malha @ Monti S/o Raju Malha Aged About 21 Years R/o Shankar Ward Malha Para Mungeli, District - Mungeli, Chhattisgarh. 2 - Ramesh Malha @ Gabbar S/o Raju Malha Aged About 21 Years R/o Shankar Ward Malha Para Mungeli, District - Mungeli, Chhattisgarh.
... Applicants versus State Of Chhattisgarh Through - Ps Simga, Distt - Balodabazar-Bhatapara, Chhattisgarh.
... Respondent For Applicants : Mr. Dushyant Dayal, Advocate For Respondent/State : Mr. Vinod Kumar Tekam, Govt. Advocate MCRC No. 2677 of 2026 Dilip @ Rahul Kurrey S/o Shri Shyamlal Kurrey Aged About 37 Years R/o Vinoba Nagar, Mungeli District- Mungeli (Chhattisgarh)
... Applicant versus State Of Chhattisgarh Through Police Station Simga District- Baloda Bazaar, Bhatapara (Chhattisgarh)
... Respondent (Cause title taken from Case Information System) VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.04.07 10:52:36 +0530
2 For Applicant : Mr. Siddhant Tiwari, Advocate For Respondent/State : Mr. Vinod Kumar Tekam, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 02/04/2026
1. These two bail applications are arising out of same crime number, therefore, they are being heard and decided together. These are first bail applications of the present applicants.
2. The applicants- Ravi Malha @ Monti and Ramesh Malha @ Gabbar (MCRC No. 2330 of 2026) have been arrested on 24.06.2025, in connection with Crime No. 184 of 2024, registered at Police Station Simga, District Baloda Bazar-Bhatapara, for the offence under Sections 302, 307, 427, 294, 506, 323, 147, 149, 452, 458, 459, 460 of the IPC are claiming regular bail.
3. The applicant- Dilip @ Rahul Kurre (MCRC No. 2677 of 2026) has been arrested on 03.06.2024, in connection with Crime No. 184 of 2024, registered at Police Station Simga, District Baloda Bazar- Bhatapara, for the offence under Sections 302, 307, 427, 294, 506, 323, 147, 149, 452, 458, 459, 460 of the IPC is claiming regular bail.
4. The case of the prosecution in brief is that, on 03.06.2024, the police of Police Station Simga received an information that on 02.06.2024, there was an incident of marpeet and the injured Nand Kumar Patre has died and two other persons have seriously injured. On the report of the complainant Bharti Patre, the FIR has been registered against
3 Dilip Kurre, Mukesh Kumar Bandhe, Dinesh Bandhe, Laxmi Bandhe, Tilak Bandhe, Ankur Soni and 8-10 other persons. During the investigation, blood-stained clothes and danda have been seized from the accused persons and they have been arrested. After completion of the investigation, initially charge sheet was filed against 8 accused persons including the present applicant Dilip @ Rahul Kurre. Thereafter the other accused persons including the applicants Ravi Malha @ Monti and Ramesh Malha @ Gabbar have been arrested and supplementary charge sheet has been filed.
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Learned counsel appearing for the applicants Ravi Malha @ Monti and Ramesh Malha @ Gabbar (MCRC No. 2330 of 2026) would submit that the present applicants have been falsely implicated in the offence only for the reason that, by their bullet motorcycle the other co-accused persons had gone to the place of incident. They have not been named in the FIR and only in the memorandum statement of co-accused Jisan Khan the name of present applicants have been disclosed. There is no other incriminating evidence against them to connect with the alleged offence. He would also submit that Mohammed Jisan Khan has been granted bail by the Hon'ble Supreme Court in SLP (Crl) No. 13799 of 2025, vide order dated 07.11.2025 and his case is similar to the case of the present applicants and they are also entitled for bail on the ground of parity. He would also submit that, the applicants are in jail since 24.06.2025, the trial of the case is not in considerable progress, therefore, they may also be enlarged on bail.
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6.
Learned counsel appearing for the applicant Dilip @ Rahul Kurre (MCRC No. 2677 of 2026) would submit that the applicant has been falsely implicated in the offence. The wife of the applicant was subjected to kidnapping by the deceased, however they could save her. The statement of wife of the applicant has been recorded under Section 164 of CrPC, in which she disclosed the entire incident committed by the deceased with her. On that issue, there was a quarrel between these two families. It has not come in the statement of the witnesses that who have assaulted the deceased. He would also submit that the applicant is in jail since 03.06.2024, final adjudication of the case will take its own time, the other two accused persons Mohammad Jisan Khan and Syed Asad have been released on bail by the Hon'ble Supreme Court in SLP (Crl) No. 13799 of 2025, order dated 07.11.2025 and SLP (Crl) No. 1371 of 2026, order dated 06.02.2026, therefore, the applicant may also be released on bail. 7. On the other hand, learned counsel appearing for the State has objected the bail applications and submitted that the applicant Dilip @ Rahul Kurre has been named in the FIR and there is specific allegation against him in the FIR that at the place of incident he along with other named accused persons armed with lathi, danda were present and assaulting the deceased Nand Kumar Patre. When the other family members tried to intervene, the present applicant Dilip Kurre abused them and assaulted them also on their head. The FIR was lodged by Bharti Patre, who is the sister-in-law of the deceased and eyewitness to the incident. He is the person whose wife Sukriti Kurre was allegedly being kidnapped by the deceased Nand Kumar
5 Kurre and then incident occurred. From the statement of injured Goverdhan Patre and Anita Patre, the presence of the present applicant and assault made by him is clearly revealed. From the statement of other witnesses, Tuleshwar Sahu, Manharan Nirmalkar the involvement of the applicant has been disclosed by them. From the accused Dilip Kurre. Blood-stained shirt and pant, wooden plank and one swift car and one mobile phone has been seized. From the memorandum statements of other co-accused persons, it has come that other accused persons came on the spot through the said swift car.
He would further submit that the applicant Dilip Kurre is having criminal antecedents of two cases under the Public Gambling Act, 1867 and one case under the IPC and ST/SC (Prevention of Atrocities) Act. He would further submit that from the memorandum statements of co-accused Jisan Khan, Saddam Khan and Pawan Singh Bhadauriya, the name of present applicants Ravi Malha @ Monti and Ramesh Malha @ Gabbar came on record and allegation of assault is also their against them. Both these applicants were absconding for a considerable period and subsequently they have been arrested. The present applicants Ravi Malha @ Monti and Ramesh Malha @ Gabbar were put to identification parade on 08.07.2025 conducted by the Nayab Tahsildar, Simga and the witnesses have duly identified them. From the memorandum statement of Ramesh Malha @ Gabbar, his bullet motorcycle has been seized and from the accused Ravi Malha, one mobile phone has been seized. He would further submit that the case of the present applicants are distinguishable with the case of Mohammad
6 Jisan and Syed Asad. The Hon'ble Supreme Court granted bail to Mohammad Jisan on the ground that he was not put to test identification parade, whereas the present applicants are either named in the FIR or put to test identification parade and identified by the witnesses. It is also submitted by him that looking to the gravity of the offence and manner, in which they committed the offence, the applicants are not entitled for bail. It is also submitted that the bail application of other co-accused persons namely Ankur Soni (MCRC No. 6433 of 2025), Mukesh Bandhe (MCRC No. 6479 of 2025), Pawan Singh Bhadauriya and Mohammad Faijan Manihar (MCRC No. 9239 of 2025) have been rejected by this Court. Therefore, the applicants are not entitled for bail. 8. I have heard the learned counsel for the parties and perused the case diary. 9.
Considering the rival submissions made by the respective parties, the statement of injured witnesses and other witnesses, the manner in which the alleged offence is committed by the accused persons, nature of injuries and the active participation of the accused persons, with the identification of the accused persons in TIP, initially the accused persons Ravi Malha @ Monti and Ramesh Malha @ Gabbar were absconding and arrested after about one year and also their involvement in the alleged offence, I am not inclined to release them on bail. Their case is distinguishable with the case of Mohammad Jisan Khan and Syed Asad, as there was no TIP against Mohammad Jisan Khan and therefore, he was granted bail by the
7 Hon'ble Supreme Court and on the ground that co-accused has been granted bail and Syed Asad is also in jail since 30.06.2025, the Hon'ble Supreme Court has granted bail to him also. However, against the present applicants there are sufficient evidence available in the charge sheet, the applicant Dilip Kurre is named in the FIR and the main assailants to the deceased and other injured persons and the applicants Ravi Malha @ Monti and Ramesh Malha @ Gabbar were identified by the witnesses in TIP. Thus, the case of the present applicants are distinguishable. 10. Accordingly, both these bail applications of applicants namely Ravi Malha @ Monti and Ramesh Malha @ Gabbar (in MCRC No. 2330 of 2026) and Dilip @ Rahul Kurre (in MCRC No. 2677 of 2026) are hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved