1 2026:CGHC:18899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.3774 of 2026 1 - Virendra Gagde S/o Late Turlu Aged About 60 Years R/o Village Irikpal School Para, P.S. Kotwali, District- Bastar (C.G.) 2 - Pankaj Gagde S/o Late Kishan Kumar Aged About 19 Years R/o Village Irikpal School Para, P.S. Kotwali , District- Bastar (C.G.) 3 - Ratan Gagde S/o Chain Singh Gagde Aged About 27 Years R/o Village Irikpal School Para, P.S. Kotwali , District- Bastar (C.G.) ... Applicants versus State Of Chhattisgarh Through The Police Station Kotwali , District- Bastar (C.G.) ... Non-Applicant For Applicant :Shri PK Tulsiyan, Advocate. For Non-Applicant/State :Smt Priya Sharma, PL. Hon'ble Shri Justice Radhakishan Agrawal Order on Board SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.04.24 16:45:27 +0530 2 24.04.2026 1. Heard on admission. Learned State Counsel submits that the case diary is available. 2. This is the 1st bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the Applicants, who have been arrested in connection with Crime No.253/2024 registered at Police Station – Kotwali, Jagdalpur, District Bastar, Chhattisgarh. The accused/Applicants have been charged under Sections 120-B, 148, 302 r/w Section 149 (2counts) IPC as also under Sections 25 & 27 of Arms Act. 3. Briefly stated, the prosecution case is that complainant Jyoti Kashyap stated that her father had purchased the land in 1993 and was in possession for about 30 years. Despite favourable orders of the Tehsildar and SDM, the accused/Applicants disputed ownership and issued threats. On 11.06.2024 at about 1:45 PM, 10–12 persons including Chainsingh Gagade and others, allegedly assaulted Yogesh Kashyap and Chandrashekhar Kashyap with deadly weapons, resulting in their death. Based on the aforesaid allegations, offences as mentioned above, have been registered against the present Applicants. Hence, this application. 4. Learned counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case 3 by the family members of the deceased. He further submits that the alleged test identification parade has no evidentiary value, as the accused/Applicants were shown to the identification witnesses prior thereto and no recovery has been made from the possession of the Applicants. He further submits that out of 15 witnesses, only 1 has been examined till now, the Applicants are behind the bars since 14.06.2024 and the trial is likely to take quite some time for its conclusion, therefore, they may be enlarged on bail. 5. Per contra, learned Counsel for the State opposed the bail application and submitted that that the accused/Applicants, along with co-accused, entered into a criminal conspiracy and assaulted the deceased- Yogesh Kashyap and Chandrashekhar Kashyap and are found to be involved in the offences. 6. Having considered the submissions made by learned Counsel for the parties and the facts and circumstances of the case, further considering the nature and gravity of offence, without further commenting anything on the merits of the case, I am not inclined to release the Applicants on regular bail. 7. Accordingly, the bail application is rejected. Sd/- (Radhakishan Agrawal) Judge Priya