1 CGHC010325192026 2026:CGHC:42345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7729 of 2026  Sudhir Khande S/o Late Titra Ram Khande Aged About 23 Years R/o Gram Bhainsajhar P. S. Ratanpur Distt. Bilaspur, C.G. ... Applicant versus  State Of C.G. Through P. S. Ratanpur Distt. - Bilaspur C.G. ... Non-applicant For Applicants : Mr. Raj Kumar Gupta, Advocate For Non-Applicant : Mr. Nitansh Jaiswal, Dy. G.A Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 29.09.2026 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 applicants who have been arrested in connection with Crime No. 774/2025 registered at Police Station : Ratanpur, District : Bilaspur (C.G.) for the offence punishable under Sections 103, 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that a missing person report was lodged on 03.12.2025 as Suryaprakash @ Bablu went missing 2 and his dead body was recovered on 04.12.2025. FIR was lodged on 05.12.2025 by the father of deceased. During the course of investigation, police recovered an iron pipe and a wooden club from the possession of present applicant and his brother Ranjit. Thereafter, police arrested the applicant on 08.12.2025. 3. Learned counsel for the applicant submits that there is no direct allegation against the present applicant, who has been implicated solely on the basis of suspicion arising out of a family dispute, following an incident where the deceased’s sister had earlier eloped with Ranjit for a few days before returning home. He further submits that though the said incident occurred three months earlier, the police authorities have treated it as the motive behind the murder of the deceased. He also submits that applicant is in jail since 08.12.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel submits that the present applicant had previous enmity with the family of the deceased, therefore, he, along with his brother Ranjit (co-accused), acted in furtherance of a common intention to commit the murder of the deceased. He further submits that recovery of a blood-stained iron pipe and a wooden club seized from the accused persons indicates the presence of the present applicant in the commission of the afore-stated offence. He also submits that the trial is at an 3 advanced stage, as 09 witnesses out of a total of 23 witnesses have been examined, therefore, applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From a perusal of the post-mortem report, it is evident that the cause of Suryaprakash @ Bablu’s death was a head injury. The report also mentions that the deceased sustained incised injuries over the head, whereas an iron pipe and a wooden club were seized from the applicant and his brother. However, there is no direct evidence against the applicant, and the police authorities have treated the incident that occurred three months earlier as the motive behind the murder of Suryaprakash @ Bablu. 7. It is a well-settled principle of law that the credibility and reliability of the evidence of witnesses cannot be examined at the stage of granting bail, however, considering the fact that the applicant has been languishing in jail since 08.12.2025 and has no criminal antecedents, I am inclined to extend the benefit of bail to the applicant at this stage. 8. Accordingly, the instant bail application is allowed. It is directed that in the event of the applicants executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:- 4 (a) they shall make themselves available for interrogation by the police officer as and when required; (b)they 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; and (c) they shall not act in any manner which will be prejudicial to a fair and expeditious trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. - Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.09.29 14:57:35 +0530