CHANDRAKAMTA BHARTI @ KAMTA v. STATE OF CHHATTISGARH
MCRC/7360/2026 · 2026-09-22
Shri Rakesh Mohan Pandey
Transfer Petitionbody2026
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[ 2026 DAILYLAW 37030 (CHH) · dailylaw.ai ]
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[ 2026 DAILYLAW 37030 (CHH) · dailylaw.ai ]
Judgment text
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1
CGHC010304402026
2026:CGHC:41348
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7360 of 2026 1 - Chandrakamta Bharti @ Kamta Son Of Chhagan Bharti, Aged About 24 Years Resident Of Ward No. 5, Tulsi Nevra, Satpurush Chowk, P. S. Tilda - Nevra District Raipur C.G.
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Tilda- Nevra District Raipur (C.G.)
--- Respondent(s) MCRC No. 7373 of 2026 1 - Vimlesh Yadav S/o Gajendra Yadav Aged About 23 Years R/o Ward No. 2, Tulsi Nevra, Behind Bijali Office, P.S. Tilda- Nevra District- Raipur Chhattisgarh
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Tilda, Nevra District- Raipur (C.G.)
--- Respondent(s) For Applicants : Mr. C.R. Sahu, Advocate For Non-Applicant : Mr. Nitansh Jaiswal, Dy. G.A.
NIRMALA RAO
2 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026
1. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicants in connection with the Crime No.174/2025, registered at Police Station Tilda-Nevra, District Raipur for the offences punishable under Sections 103(1), 140(3), 238(a) and 3(5) of BNS. 2. The case of the prosecution, in brief, is that on 30.4.2025, at around 8:00 p.m., the dead body of Govind Pandey was recovered near Kanha Rice Mill, Police Station Tilda-Nevra, Raipur. A merg intimation was given by the brother of the deceased, Gopal Krishna Pandey. During the merg enquiry, the police enquired into the matter and recorded the memorandum statements of the present applicants, wherein they stated that they, along with two juveniles, had committed the murder of the deceased. On the basis of the said information, the police registered an FIR for the commission of the offences as stated above. 3. Learned counsel for the applicants would submit that the applicants have falsely been implicated in the case; that no recovery has been made from the present applicants; that their names appeared in the memorandum statement of the other co-accused; and that the charge- sheet has already been filed and the applicants have been in jail since
4.5.2025. Thus, he prays that the applicants may be enlarged on regular bail. 4.
On the other hand, learned State counsel opposes the bail application and submits that the incident was witnessed by Satya Kumar and
3 Durgesh Soni @ Dhannu, whose statements under Section 180 of the BNSS were recorded on 2.5.2025, wherein they categorically stated that they had seen the accused persons assaulting the deceased with a cement pole, hands and fists, and that they had also used a stone to crush the face and head of the deceased. He would contend that, as there is an eyewitness account, the bail applications of both the applicants deserve to be dismissed. 5. Heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the fact that the applicants, along with two juvenile accused, allegedly committed the murder of Govind Pandey on 29.4.2025 and that the said incident was witnessed by Satya Kumar and Durgesh Soni @ Dhannu, whose statements were recorded on 2.5.2025, wherein they categorically stated that, while they were consuming liquor, the present applicants, along with two other co- accused persons, abused and subsequently assaulted the deceased using a cement pole, and also used a stone to crush the head and face of the deceased, and having considered the aforesaid evidence, the seriousness of the crime involving aggravated assault and the potential sentence, I am not inclined to allow these bail applications. 7. Accordingly, the bail applications of the applicants filed under Section 483 of BNSS, 2023 are rejected. Sd/-
Rakesh Mohan Pandey
JUDGE Nimmi