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2026 DAILYLAW 36863 (CHH)

CHANDRAMUNI BHAGAT v. STATE OF CHHATTISGARH

MCRC/8518/2026 · 2026-09-22

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010357002026 2026:CGHC:41441 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8518 of 2026 Chandramuni Bhagat W/o Shivshankar Yadav, Aged About 47 Years Caste - Urano, R/o Village Narayanpur, Police Station-Narayanpur, Tahsil - Kunkuri, District Jashpur (C.G.). ... Applicant versus State of Chhattisgarh, through Station House Officer, Police Station - Narayanpur, District Jashpur (C.G.). ... Non-Applicant For Applicant : Mr. P. Chetan Kumar, Advocate For Non-Applicant : Dr. Saurabh Kumar Pandey, Deputy Advocate General Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in connection with Crime No. 15/2026 registered at Police Station Narayanpur, District Jashpur (C.G.) for offences punishable under Sections 296, 351(3), 115(2), 109(1), 3(5), and 103(1) of the Bharatiya Nyaya Sanhita, 2023. 2. The first bail application of applicant was dismissed for want of prosecution vide order dated 20.07.2026 passed in M.Cr.C. No. 5495 of 2026. Digitally signed by NADIM MOHLE 2 3. Prosecution story in brief is that on 13.02.2026 at about 08:30 PM, over a dispute with regard to the distribution of proceeds from the sale of land/house property, the deceased, Koshal Ram, was abused and threatened with death by the applicant along with co-accused Shivshankar Yadav (father) and Ankush Yadav (brother). In furtherance of a common intention, they assaulted the deceased, poured petrol over him, and set him ablaze. The victim was admitted to the hospital, where his dying declaration was recorded. Later, he was discharged, but he succumbed to septic shock from the burn injuries on 24.02.2026. 4. Learned counsel appearing for the applicant would submit that the applicant is a woman, has no criminal antecedents, and has been in custody since 16.02.2026. He would further submit that the applicant has falsely been implicated in the present case; charge-sheet has already been filed, and conclusion of the trial is likely to take some time; thus, he prays for the grant of regular bail to the applicant. 5. On the other hand, learned State counsel would oppose the submissions made on behalf of the applicant and submit that the allegations against the applicant are grave and serious in nature. He would further submit that in the dying declaration recorded promptly on 14.02.2026, the deceased specifically named his mother, who is the present applicant, along with his father and brother, and attributed an active role to them in pouring petrol upon him and setting him ablaze in connection with a property dispute; thus, looking to the nature of the allegations and the material available against the applicant, she is not entitled to the grant of bail. 6. Heard learned counsel for the parties and perused the case diary. 7. From a perusal of the material available in the case diary, particularly the dying declaration of the deceased recorded on 14.02.2026, prima facie it appears that a specific and active role has been attributed to the applicant in the incident which resulted in the death of her son. In his 3 dying declaration, the deceased categorically implicated the applicant along with the co-accused, alleging that they poured petrol upon him and set him on fire in connection with a property dispute. The burn injuries sustained by the deceased subsequently resulted in fatal septic shock, leading to his death. 8. Having regard to the gravity and nature of the allegations against the applicant, the manner in which the alleged offence was committed, and the prima facie material indicating her presence and active involvement in the incident, this Court is not inclined to enlarge the applicant on regular bail. Accordingly, the second bail application is rejected. Sd/- Rakesh Mohan Pandey JUDGE Nadim