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2026 DAILYLAW 6554 (CHH)

NETRAM v. STATE OF CHHATTISGARH

MCRC/3381/2026 · 2026-04-14

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:17096 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3381 of 2026 Netram S/o Niranjan Sahu Aged About 43 Years R/o Silli, Police Station- Fastarpur, Setganga, Currently Residing At Jhagarhatta, Police Station Mungeli, Distt. Mungeli, C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Fastarpur, Setganga, Distt. Mungeli (C.G.) ... Respondent(s) For Applicant : Ms. Indrapreet Kaur Chhabra, Advocate & Mr. Chanmeet Singh Chhabra, Advocate For Respondent : Mr. Akash Agrawal, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 15.04.2026 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.53/2025 registered at Police Station Fastarpur, Setganga, Distt. Mungeli, (CG) for the offence punishable under Sections 103(1), 309(4), 238, 61(2)(a), 3(5) of BNS. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.04.16 10:27:42 +0530 2 2. As per the prosecution case, on 10.09.2025 at approximately 9:00 p.m., the complainant, Hemchand Sahu, was using his mobile phone while his nephew, Hem Prasad Sahu, was consuming liquor by the side of Dabo Road. The applicant, along with other co-accused, arrived at the spot and assaulted them with an iron rod. The complainant somehow managed to escape and with the help of villagers, informed the matter to the Police over the phone. After sometime, the Police arrived and took him and Hem Prasad to the District Hospital, Mungeli, where Hem Prasad was declared dead. Based on the report of the complainant, an FIR was registered against the applicant and co-accused leading to the applicant’s arrested on 11.09.2025. 3. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the case. It is contended that although the prosecution claims this is a case of eyewitness, the FIR was registered against unknown persons and does not mention the name of applicant. Furthermore, no TIP was conducted, the eyewitness Hemchand Sahu did not name the applicant, and no incriminating articles have been seized from the applicant’s possession. He submits that one juvenile co-accused has already been granted bail by this Court on 11.03.2026 in CRR No.266 of 2026. He further submits that there are total 36 prosecution witnesses out of which only one has been 3 examined so far, the applicant is in jail since 11.09.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 4. On the other hand, learned State counsel opposes the bail application, submitting that the applicant is the main accused. According to the memorandum statement of the co-accused, the applicant allegedly provided 'Supari' (contract killing) to his brother-in-law, Sunil Sahu, and his associates to eliminate one Narendra alias Pappu; however, they murdered Hem Prasad Sahu by mistake. The co-accused has also admitted to receiving the 'Supari' (contract killing amount). It is further submitted that the vehicle used in the commission of the offence (a Bolero) has been seized from the applicant. Therefore, considering the gravity of the offence, the applicant does not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail. 7. Accordingly, the present bail application stands rejected. 4 8. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 9. The Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai