1 2026:CGHC:7716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 858 of 2026 Chhotu @ Kunwar Singh Banjare @ Kunwar Singh Barmate S/o Shri Sadhuram Banjare Aged About 35 Years R/o Ward No. 21, Mini Basti Jarhabhata Bilaspur, Police Station Civil Line, District Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh through, Officer-In-Charge, Police Station Civil Line District - Bilaspur Chhattisgarh ... Respondent For the applicant : Mr. Ramesh Nayak & Mr. S.P. Samant, Advocates For the State : Mr. Anish Tiwari, Dy.G.A. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 11.02.2026 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. 805/2025 registered at Police Station Civil Line, District Bilaspur (CG) for the offences under Sections 103(1), 3(5), 109 & 49 of BNS 2023. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.02.16 12:43:39 +0530 2 2. (i) A per the prosecution case, there are total 4 accused in this case including two juvenile offenders and two adult accused. The present applicant is uncle (Chacha) of the main accused. The allegation against him is that he had instigated the main accused to kill deceased Sumit Bandhe. (ii) The prosecution story is that complainant Vijay Kumar Bandhe lodged a report on 13.07.2025 to the effect that on the same day at about 13.45 hours near Raja Manna Kirana Store, Jarhabhata, Bilaspur, certain altercations took place between accused Suraj @ Sonu Bhaskar and Aryan, who is the friend of his brother Sumit Bandhe. His brother Sumit Bandhe tried to pacify both Aryan and accused Suraj. Then all of a sudden Suraj started hurling abuses against his brother Sumit Bandhe and warned him to leave the place otherwise he will kill the deceased. Thereafter, accused Suraj Bhaskar assaulted Sumit Bandhe with knife and caused fatal injury on his chest of and arm, due to which, Sumit Bandhe fell down on the spot. In the report, it is alleged that the present applicant who is uncle of co-accused Suraj Bhaskar was also standing there and instigated to kill the deceased instead of saving his life. On such report, the crime was registered and the applicant was arrested on 16.10.2025. 3. Learned counsel for the applicant submits that no intention can easily be gathered that the present applicant has played active role and instigated the co-accused. He submits that on 13.07.2025 the applicant himself was present in police station along with the complainant party to lodge the report and for arrest of other accused 3 persons who assaulted the deceased. There is no direct evidence to connect the present applicant with the crime in question and he has been falsely implicated in this case. He submits that the applicant is in jail since 16.10.2025 and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there are 4 eye witnesses to the incident and there is direct evidence to show that this applicant was present at the place of occurrence and he being close relative of the main accused Suraj has instigated him to kill the deceased. 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, the bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao