1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1619 of 2026 1 - Neelkanth Lodhi @ Billa S/o Yadram Lodhi Aged About 19 Years R/o Avanti Chowk, Lodhipara, P/s Aarang, District Raipur, Chhattisgarh. 2 - Ajay Nishad @ Harishankar S/o Rupesh Nishad Aged About 21 Years R/o Ram Nagar Chowk, Lodhipara, P/s Aarang, District Raipur, Chhattisgarh. 3 - Jaiprakash Lodhi @ Jai S/o Devraj Lodhi Aged About 25 Years R/o Near Naya Bijli Office, P/S Aarang, District Raipur, Chhattisgarh. 4 - Kamal Lodhi @ Bhaklu S/o Santosh Lodhi Aged About 19 Years R/o Near Naya Bijli Office, P/s Aarang, District Raipur, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through P/S Aarang, Raipur, Chhattisgarh. ... Respondent For Applicants : Mr. Lukesh Kumar Mishra, Advocate For Respondent : Ms. Sunita Manikpuri, G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 03.03.2026 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.03.03 17:12:22 +0530 2 No.473/2025 registered at Police Station Aarang, Raipur (CG) for the offence punishable under Sections 103(1), 190, 238(A), 191(2) of BNS. 2. As per the prosecution case, another co-accused instructed accused Digeswar Lodhi to assault deceased Girjashankar and he would bear any expenses incurred. Co-accused Digeswar Lodhi gathered the applicants and they assaulted Girjashankar near a liquor shop and accused Digeswar Lodhi and co- accused allegedly strangled Girjashankar with a scarf, causing his death. 3. Learned counsel appearing for the applicants submits that the applicants have been falsely implicated in this case. He submits that there is no eye witness to the incident. The case is based only on circumstantial evidence and memorandum statement but the memorandum and seizure witnesses have not supported the case of prosecution and turned hostile. He submits that co-accused Madhusudan and Digeswar Lodhi are the main accused in this case. There is no allegation that the applicants assaulted the deceased; the only evidence against them is the recovery of a certain cash amount. He submits that as per the post-mortem report, the cause of death is head injury, whereas the prosecution’s case suggests death by strangulation. Furthermore, the memorandum statements do not attribute any active role to the applicants in the alleged assault. He further submits that the applicants are in jail since 3 13.08.2025 and there is no likelihood of the trial to be concluded at the earliest as it has not yet commenced. Therefore, considering all these facts the applicants may be released on bail. 4. Learned State counsel, on the other hand, opposing the bail application submits that on the basis of memorandum statements, cash amount has been seized from the applicants and they were present at the place of incident. She submits that there is sufficient material against the applicants and considering the nature of offence, the applicants do not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the overall facts and circumstances of the case, particularly the material available on record and also considering the fact that the applicants are in jail since 13.08.2025 i.e. about 6 months and there is all possibility of the trial taking considerable time for its final conclusion as it has not yet commenced, this Court is of the opinion that prima facie, a case for grant of bail to the applicants has been made out. 7. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the 4 concerned trial Court. The applicants are directed to appear before the trial Court on each and every date to be given to them by the said Court till completion of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai