1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3216 of 2026 1 - Samir Say S/o. Late Sanjay Say Aged About 35 Years R/o.- Village- Rasota, Police Station- Pallari, District- Balodabazar- Bhatapara Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through- P.S.- Pallari, District- Balodabazar-Bhatapara Chhattisgarh. ... Respondent For Applicant : Mr. Hemant Gupta, Adv. For State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 15/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 13/2026 registered at Police Station – Pallari, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 103(1) of BNS. 2. As per the prosecution’s case, the complainant, Smt. Kiran Gahirware lodged a report stating that her son, Karan Gahirware, was in an intoxicated state on 29.12.2025 at about 9:30 pm, due to excessive alcohol consumption. The Baba Guru Ghasidas Jayanti celebrations were being held at Ghasidas Chowk in the village of Rasauta, when the deceased was going to that function, the deceased fell in front of Lala Bhardwaj’s shop and sustained injuries, due to being under the influence of HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.04.15 17:26:49 +0530 2 alcohol; he was immediately admitted to the CHC Palari for treatment. Upon referral, he was transferred to the district hospital in Balodabazar, where he remained admitted for 2 days. Following further treatment and subsequent referral, he was admitted to DKS hospital, Raipur, on 31.12.2025. On 09.01.2026, the victim, Karan Gahirware, died. Based on this, a merg was registered, and an inquiry was initiated. The inquiry revealed that on the night of 29.12.2025, at 9:30 pm, a villager named Sameer Sai had engaged in a scuffle and physical assault against the deceased near the village’s Akhil Kirana Store, pushing him to the ground. This incident resulted in a severe injury to the back of the deceased’s head. Leading to his death while undergoing treatment at his maternal aunt’s residence in Gudhiyari, Raipur. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that on the date of the incident, the deceased was in an intoxicated condition, and there was only a scuffle between the applicant and the deceased, due to which the deceased fell on a dais and sustained injury and after 12 days, the deceased died during treatment. The applicant has no intention or motive to commit the said offence. Before 10.01.2026, there was no report of the incident, nor was a statement of the deceased taken. The applicant is in jail since 11.01.2026; there are a total of 15 listed witnesses in the case, and the trial has not commenced yet. The trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and also considering the fact that only scuffle was taken place between 3 the applicant and the deceased, due to which the deceased fell on a dais and died after 12 days of incident, but before 10.01.2026, no report of the alleged incident was lodged or statement of the deceased was taken, the applicant is in custody since 11.01.2026 and the trial has not commenced yet, the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on bail. 7. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu