1 2026:CGHC:2268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 455 of 2026 Suraj Mahilang S/o Shailendra Mahilang Aged About 22 Years R/o Village- Damapur, Police Station - Fasterpur, Tahsil And District- Mungeli (C.G.) ... Applicant. versus State Of Chhattisgarh Through - Station House Officer, Police Station - Fasterpur, District- Mungeli (C.G.) ---- Respondent For Applicant : Mr. Virendra Verma, Advocate. For Respondent/State : Mr. SS Baghel, GA. For Objector/Complainant : Ms. K. Tripti Rao, Advocate. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/01/2026 1. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail. The applicant is arrested in connection with Crime No.36/2025, registered at Police Station- Fasterpur, District Mungeli (C.G.) for 2 the offence punishable under Sections 103(1), 3(5) of BNS, 2023 (corresponding Sections 302, 34 of IPC). 2. Brief facts of this case are that present applicant alongwith other co-accused persons have assaulted the deceased Daresh Mahilange by means of tabbal, club, spade/pickaxe, due to which, he suffered grievous injuries, he was taken to the hospital where he was declared dead. On the basis of report lodged by complainant (son of deceased), FIR was registered against the applicant and he has been arrested in the alleged crime. 3. Learned counsel for the applicant submits that applicant has falsely been implicated in this case, he has not committed any offence as alleged against him. Present applicant was neither present at the spot nor any role attributed by him in crime in question, due to previous dispute, his name has been implicated in this case. There is no motive to cause death of deceased and there is no custodial interrogation of the present applicant is required. There is no specific material/evidence available which shows that applicant is involved in the alleged crime. Co- accused Kiran Mahilang has been granted bail by this Court on 30.10.2025 in MCRC No.8583/2025. There is no previous criminal antecedent of the applicant, he is in jail since 13.07.2025 and trial is likely to take some time, therefore, he may be released on bail. 3 4. Per contra, learned counsel for the State as well as learned counsel for the Objector opposing the bail application of the applicant. They contended that present applicant is the main accused in this case as he assaulted the deceased by means of spade/pickaxe (कᕁ दर぀), due to which, he suffered grievous injuries and died. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 6. Considering facts of the case, nature of allegations, submissions of counsel for the parties, particularly the submission that present applicant is the main accused in this case as he assaulted the deceased by means of spade/pickaxe (कᕁ दर぀), further considering that name of the applicant is mentioned in the FIR lodged by the complainant (son of deceased), this Court is not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant is hereby rejected. Sd/- (Arvind Kumar Verma) Judge J.