1 2026:CGHC:2285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9546 of 2025 Roshan Singh Thakur S/o Late Kailash Singh Thakur (Wrongly Mentioned Kaushal Singh Thakur In Order Sheet) Aged About 41 Years R/o Village Pali, Near Government Primary School, Pali, Police Station Pali, District Korba, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Pali, District Korba, Chhattisgarh ... Respondent For Applicant : Shri S.C. Verma, Senior Advocate with Shri Abhishek Pandey, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Deputy Government Advocate. For Objector : Shri Vijay Kumar Sahu & Shri Jaydeep Singh Yadav, Advocates. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.114/2025 registered at Police Station Pali, District Korba, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.15 18:55:06 +0530 2 Chhattisgarh for the offence punishable under Sections 191(2), 191(3), 190, 103(1), 61(2) (ए) of the Bharatiya Nyaya Sanhita and Section 25 & 27 of Arms Act. 2. According to the prosecution's case, the prosecution case originates from an FIR lodged by Anil Jaiswal at Pali Police Station on 29.03.2025, regarding the murder of his cousin Anup alias Rohit Jaiswal, who worked as a coal lifter and billeteer at Saraipali Mine. The deceased was working along with his companions Dharamraj Maravi, Rajesh Dongre, and Suraj Kashyap, while other lifters including Roshan Singh Thakur, Saurabh Shrivas, Sushant alias Sijju Thakur, Sanskar Thakur, Gaurav Singh Thakur, Basu Thakur, and others were also engaged in the same area. On 28.03.2025, at around 10:20 p.m., near the mine gate, an altercation occurred when the deceased tried to stop the accused persons from entering the mine illegally. Enraged, Roshan Singh Thakur and his companions, armed with country-made pistols, swords, knives, and sticks, and attacked Rohit Jaiswal, saying, "Who are you to stop us from going inside the mine?" Acting with common intention, Roshan Singh, Saurabh Shrivas, Sijju Thakur, Sanskar Thakur, Gaurav Singh, Basu Thakur, and Vivek Kaushik assaulted the deceased with sharp weapons, inflicting fatal injuries on his chest and abdomen. They provoked each other saying, "If he dies, we can work in the mine; if he lives, we can't earn." The incident was witnessed by Harsh Jaiswal, Sunil Jaiswal, Suraj Kashyap, and others. The informant, while intervening, sustained injury on his left wrist. The deceased died on the spot. During investigation, 12 accused persons were arrested, including Roshan Singh Thakur, Saurabh Shrivas, and Rahul Nirmalkar, from whom a knife and mobile phones were 3 recovered. They admitted their involvement. Other accused are absconding, and a charge sheet has been filed. The prosecution concludes that the murder was pre-planned, driven by enmity and rivalry over mining operations, and all accused acted in furtherance of their common intention to kill the deceased. 3. It has been vehemently argued by learned counsel for the applicant that the applicant was not present at the date and time of the incident as he was at Raipur in a Mall and he has tried to demonstrate the same from his mobile phone location as he had two mobiles and further from the CCTV footage which were installed at various places such as petrol pump, Mall and dhaba etc. He submits that the applicant though had got a forensic science lab report with respect to the alibis which he has submitted through a private expert, he tried to submit the same before the police for getting it verified but the police is not taking into account his plea of alibi. He would submit that charge sheet has been filed in this case, the applicant is in jail since 29/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that the statement of the injured, Anil Jaiswal, who was the cousin of the deceased, recorded on 14.05.2025, shows that he has specifically stated about the participation of the applicant along with other co-accused persons who were armed with deadly weapons and committed the murder of the deceased, therefore the applicant is not entitled to be released on bail. 4 5. Learned counsel for the complainant also has vehemently opposed the prayer for grant of bail and submitted that one of the identically situated co-accused person namely Prakhar Singh Thakur Alias Mayank Singh Thakur has also raised a plea of alibi but this Court while considering his bail application with respect to the said plea of alibi had rejected the same in MCRCA No.1203 of 2025 on 07/08/2025. He would submit that co-accused Vivek Kumar Kaushik whose bail application was rejected by this Court in MCRC No.5720/2025 on 22/07/2025 had preferred an SLP (Crl.) No.13573/2025 before the Apex Court against the said order and the same was dismissed as withdrawn on 15/09/2025 on the request of learned counsel for the said accused appellant in the said appeal. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submission of learned counsel for the parties, nature and gravity of offence, materials available in the case diary, further considering the fact that statement of the injured, Anil Jaiswal, who was cousin of the deceased, recorded on 14.05.2025, shows that he has specifically stated about the participation of the applicant along with other co-accused persons who were armed with deadly weapons and committed the murder of the deceased, further the fact that bail application of co-accused person Durgesh Singh Thakur Alias Lala Thakur has been rejected by this Court in MCRC No. 5829 of 2025 on 25/07/2025 and also the fact that co-accused Vivek Kumar Kaushik whose bail application was rejected by this Court in MCRC No.5720/2025 on 22/07/2025 had preferred an 5 SLP (Crl.) No.13573/2025 before the Apex Court against the said order and the same was dismissed as withdrawn on 15/09/2025 on the request of learned counsel for the said accused appellant in the said appeal, further considering the manner in which the incident took place in the colliery between the parties and the deceased was done to death, I am not inclined to grant regular bail to the present applicant. 8. Accordingly, the bail application of applicant Roshan Singh Thakur involved in Crime No.114/2025 registered at Police Station Pali, District Korba, Chhattisgarh for the offence punishable under Sections 191(2), 191(3), 190, 103(1), 61(2) (ए) of the Bharatiya Nyaya Sanhita and Section 25 & 27 of Arms Act, is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri