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2026 DAILYLAW 3971 (CHH)

VIJAY CHAUHAN v. STATE OF CHHATTISGARH

MCRC/2485/2026 · 2026-04-01

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:15355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2485 of 2026 Vijay Chauhan S/o Rajendra Chauhan Aged About 18 Years R/o Village- Saraidipa, Bazar Para, Police Station and Tahsil- Tamnar, District- Raigarh (Chhattisgarh) ... Applicant versus State of Chhattisgarh through Station House Officer, Police Station- Tamnar, District- Raigarh (C.G.) ... Respondent For the applicant : Mr. Ashutosh Mishra, Advocate For the State : Mr. Anish Tiwari, Deputy Govt. Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 02.04.2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.268/2024 registered at Police Station Tamnar, District Raigarh (CG) for the offences under Sections 103(1), 238(a), 3(5), 61(2), 309(6), 309(4) of BNS. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.04.06 15:46:19 +0530 2 2. As per the prosecution case, Merg was registered on information given by one Bhojram Chauhan that an unknown male body was found on 21.10.2024 on a hill in village Banjikhol. During merg inquiry, the body was identified and after the statements of witnesses were recorded, it was found that in between 16.10.2024 and 20.10.2024 the present applicant along with co-accused Narendra Kumar Sarathi alias Bonu Sarathi and a juvenile offender committed murder of deceased Tikeshwar Lodha by hitting him with stick, stone and knife. The further allegation is that in order to avoid consequences, the accused deliberately removed the mudguard of the motorcycle and put a black sticker on its rear panel, thereafter they concealed the motorcycle and the knife used in the offence for causing disappearance of evidence. 3. Learned counsel for the applicant submits that there is no evidence against the applicant to connect him with the crime in question and only on suspicion, the applicant was arrested. He next that a Danda (lathi) was seized from the applicant and except this, no other incriminating article or weapon was shown to be seized from the possession of the applicant. He submits that the applicant is in jail since 24.10.2024; there are as many as 40 witnesses in this case and there is no immediate possibility of disposal of case, therefore, looking to the long custody period of applicant, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there are total 3 accused involved in this case and 3 according to witnesses Maneesh Chauhan and Rajesh Chauhan, the deceased was last seen with the accused persons. 5. Having considered the submissions made by learned counsel for the parties and the over-all facts and circumstances of the case, I am not inclined to release the applicant on regular bail. Accordingly, his bail application is rejected. 6. However, looking to the long custody period of the applicant, the trial Court is directed to conclude the trial as early as possible. 7. Registry shall send a copy of this order to the trial Court for necessary information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao