1 2026:CGHC:3164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 718 of 2026 1 - Suraj Dhurve S/o Kumar Dhurve Aged About 22 Years R/o Village - Bitkuli Kala, Out Post - Dashrangpur, Police Station - Pipariya, District - Kabirdham Chhattisgarh 2 - Ajay Dhurve S/o Kumar Dhurve Aged About 20 Years R/o Village - Bitkuli Kala, Out Post - Dashrangpur, Police Station - Pipariya, District - Kabirdham Chhattisgarh ...Applicants versus State Of Chhattisgarh Through District Magistrate, Kawardha, District - Kabirdham (C.G.) ... Respondent For Applicants : Mr. Chandrikadit Pandey, Advocate For Respondent : Mrs. Diksha Gauraha, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu ORDER ON BOARD 20.01.2026 1. Applicant has filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Crime No. 91/2025 registered at Police Station – Pipariya, Out Post- Dashrangpur, , District- Kabirdham ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.21 10:47:46 +0530 2 (C.G.) for offence punishable under Sections 296, 115(2), 351(3), 3(5) and 103(1) of BNS, 2023. 2. Case of prosecution in brief is that on 12.04.2025 Dhananjay Sahu lodged a report in concerned Police Station stating that on the said date marriage function was going on in the house of his nephew Toshan Sahu. At about 9 PM Ramesh Sahu gave a phone call and intimated that Kumar Dhurve and Suraj Dhurve are quarreling with Om Prakash and Omkar near the house of Jallu Sahu. He went their and found that Kumar Dhurve and Suraj Dhurve are quarreling with Omkar and Om Prakash. Complainant intervened and brought Omprakash and Omkar to his house. In the night when family members of his nephew Toshan Sahu and other relatives were returning to their house after performing the marriage rituals, Kumar Dhurve, Suraj Dhurve and Ajay Dhurve were found standing their, they started abusing and at the same time Kumar Dhurve hit the deceased by means of bamboo stick on his head. He was taken to hospital where during treatment Bharat Sahu succumbed to injuries on 28.04.2025. Based upon the aforementioned crime, complaint was registered and applicants Suraj Dhurve and Kumar Dhurve along with one Nandu Yadav @ Lilagar were arrested on 17.04.2025. 3. Learned counsel for applicant would submit that applicants have been falsely implicated in the case, they have not committed any offence as alleged. He submits that during course of trial, Doctor is examined and he in his evidence has stated that it may be water in trachea and lungs. The death of deceased may be accidental, therefore, applicants may be enlarged on bail. 3 4. On the other hand, learned State counsel opposes the submission made by learned counsel for applicants and further submits that applicants along with others have initially quarreled with the relatives of deceased and in evening again with common intention, all the accused persons have obstructed the way and assaulted deceased by means of club and sticks. Therefore, the applicants have clearly participated in the commission of offence actively. Hence they may not be enlarged on bail. 5. I have heard learned counsel for the parties. 6. According to the statement of eye-witness the applicants have quarreled with family members as also deceased thrice and in the night they have gathered, abused. Thereafter Kumar Dhurve have assaulted the deceased by means of club and stick. Eye-witnesses are still to be examined. In above facts of the case, I do not find present to be a fit case to allow the application, accordingly, the application is dismissed. Certified copy as per rules. sd/- (Parth Prateem Sahu) JUDGE alfiza