1 CGHC010302452026 2026:CGHC:40805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7368 of 2026 1 - Chhatrapal Tekam S/o Late Ramavtar Tekam Aged About 20 Years R/o Village Bhakura, Post Parsa, P.S. Ambikapur Distt- Surguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Ambikapur (Kotwali), Distt- Surguja (C.G.) ... Respondent(s) For Applicant : Shri Dev Ashish Biswas, Advocate. For Respondent/ State : Shri Jitendra Shrivastava, G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18.09.2026 1. The applicant has preferred this First Bail Application under Section 483 the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 138/2026 registered at Police Station Ambikapur (Kotwali), District Surguja (C.G.) for the offence under Sections 103(1) & 3(5) of BNS, 2023. 2. As per the case of the prosecution, the dead body of Sutul was recovered on 4.3.2026 at around 6:00 AM at village Bhakura, NIRMALA RAO 2 Ambikapur. During the merg inquiry, Dharampal informed the police that the deceased, the present applicant, one juvenile and Ajay Painkara were consuming liquor and that a quarrel had taken place between them. Thereafter, they left the place, and on the very next date, the dead body of Sutul was recovered. After receiving such information, the police arrested all three accused persons. At the instance of Ajay Painkara, the police recovered a wooden stick and blood-stained clothes. After completion of the investigation, the charge- sheet has been filed. 3. Learned counsel for the applicant would submit that the applicant has been implicated in the case on the basis of the last-seen circumstance. He would contend that, although the applicant was in the company of Ajay Painkara and the juvenile on 3.3.2026, the deceased had left their company at around 11:00 PM and, on the next date, his dead body was recovered. He would contend that the last-seen circumstance is a weak piece of evidence and that, on the basis of such evidence, a conviction cannot be recorded against the present applicant. 4. It is also contended that the charge-sheet has been filed, there are no previous criminal antecedents against the applicant, and he has been languishing in jail since 5.3.2026, whereas the conclusion of the trial is likely to take some time. He would submit that no article was seized from the present applicant. Therefore, the instant bail application may kindly be allowed. 5. On the other hand, learned State counsel opposes the bail application. He would submit that blood-stained clothes belonging to the co- accused, Ajay Painkara, have been seized by the police during the investigation and that slippers and a wooden stick have been seized at 3 the instance of Ajay Painkara. He would contend that, although it is stated by the present applicant that the deceased had left their company at around 11:00 PM, but all the accused persons were found in company of the deceased even thereafter and this fact is evident from the statement of witness namely Bharat Lal. The recovery of blood-stained clothes, slippers and a wooden stick connects them with the commission of the crime. He would submit that the application deserves to be dismissed. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having considered the fact that the deceased was in the company of the present applicant, Ajay Painkara and a juvenile and that, on the very next day, his dead body was recovered, coupled with the fact that bloodstains were found on the slippers of co-accused Ajay Painkara, which were duly identified by witness Janeodhari, and that blood- stained clothes and a wooden stick were also found at the place of occurrence, as well as the statement of Bharat Lal, which shows that the deceased remained in the company of all three accused persons even after 11:00 p.m., I am not inclined to allow this bail application. 8. Accordingly, the bail application of the applicant filed under Section 483 of BNSS, 2023 is rejected. Sd/- (Rakesh Mohan Pandey) Judge Nimmi