1 2026:CGHC:18810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3324 of 2026 Ashish Singh Thakur S/o Rajesh Singh Thakur Aged About 30 Years R/o Kali Mai Ward, Mear Pani Tanki, Police Station Mungeli District- Mungeli (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. Simga District- Baloudabazar- Bhathapara (C.G.) ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Awadh Tripathi, Advocate For Respondent/State : Mr. Ghanshyam Kashyap, Deputy G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/04/2026 1. The present bail application has been filed by the applicant, who has been arrested on 10.01.2026, in connection with Crime No. 184 of 2024, registered at Police Station Simga, District Baloda Bazar- Bhatapara, for the offence under Sections 302, 307, 427, 294, 506, 323, 147, 149, 452, 458, 459, 460 of the IPC, is claiming regular bail. VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.05.01 20:26:38 +0530 2 2. The case of the prosecution in brief is that, on 03.06.2024, the police of Police Station Simga received an information that on 02.06.2024, there was an incident of marpeet and the injured Nand Kumar Patre has died and two other persons- Anita Patre and Goverdhan Patre have seriously injured. On the report of the complainant Bharti Patre, the FIR has been registered against Dilip Kurre, Mukesh Kumar Bandhe, Dinesh Bandhe, Laxmi Bandhe, Tilak Bandhe, Ankur Soni and 8-10 other persons. During the investigation, blood-stained clothes and danda have been seized from the accused persons and they have been arrested. After completion of the investigation, initially charge sheet was filed against 8 accused persons. Thereafter the other accused persons have been arrested and the supplementary charge sheets have been filed after their respective arrest. The present applicant- Ashish Singh Thakur has been arrested on 10.01.2026 and supplementary charge sheet has also been filed against him on 22.01.2026. 3. Learned counsel appearing for the applicant- Ashish Singh Thakur would submit that the applicant has been falsely implicated in the offence only for the reason that, his Venue car was allegedly involved in the offence with the allegation that the other accused persons had gone to the place of incident in the Venue car of the applicant. He would submit that the applicant is not named in the FIR and in the initial charge sheet filed against 08 accused persons, he was cited as a witness. The two other witnesses Manharan Nirmalkar and Tuleshwar Sahu were also cited as witnesses in the earlier charge 3 sheet. After filing of 3rd supplementary charge sheet the applicant has been arrested and a test identification parade was conducted in which both these two witnesses Manharan and Tuleshwar have been cited as a witness to identify the present applicant. The name of the applicant disclosed in the memorandum statement of Syed Asad, when he has been arrested and charge sheet has been filed against him. The eyewitnesses to the alleged incident have not named the present applicant that he too was present on the spot. No weapon of offence has been seized from the present applicant. The TIP itself is a created document and full of suspicion and the manner in which the entire investigation is carried out against the present applicant is also suspicious and tainted. The person Syed Asad, on whose memorandum the name of present applicant disclosed, has been granted bail by the Hon'ble Supreme Court vide order dated 06.02.2026, passed in SLP (Crl) No. 1371 of 2026 and the other two accused persons Mohammad Jisan Khan and Saddam Khan have been released by the Hon'ble Supreme Court vide order dated 07.11.2025, passed in SLP (Crl) No. 13799 of 2025. There is no other incriminating evidence against the applicant to connect him with the offence in question. The trial of the case will take its own time, therefore, he may be enlarged on bail. 4. On the other hand, learned counsel appearing for the State has objected the bail application and submitted that the applicant has been named in the memorandum statement of other co-accused Syed Asad, which has been recorded on 30.06.2025 and thereafter the applicant has absconding and he could be arrested only on 10.01.2026. In the meantime, the supplementary charge sheet has been filed against the 4 accused persons, who have been subsequently arrested. When the applicant was arrested, he was also put to test identification parade conducted on 11.01.2026 by the Executive Magistrate, Simga and has been duly identified by the witness Bharti Patre and Goverdhan Patre. From the applicant, the Venue car has been seized. He would also submit that, the bail application of other co-accused persons Ravi Malha @ Monti (MCRC No. 2330/2026), Dilip @ Rahul Kurre (MCRC No. 2677/2026), Ankur Soni (MCRC No. 6433/2025), Mukesh Bandhe (MCRC NO. 6479/2025), Pawan Singh Bhadauriya and Mohammad Faijan Manihar (MCRC No. 9239/2025) have been rejected by this Court. The case of the present applicant is distinguishable with the case of the other accused persons who have been granted bail by the Hon'ble Supreme Court. Looking to the gravity of the offence and the manner in which the offence is said to have been committed, the applicant is not entitled for bail. He would also submit that the trial of the case is started and as per the document submitted by the applicant till 27.11.2025, six witnesses have already been examined. The applicant is having a criminal antecedent of Crime No. 193/2017, registered at police station Mungeli for the offence under Section 3 of Public Gambling Act, 1867 and another offence of Criminal Case No. 1177 of 2019, for the offence under Section 13 of Public Gambling Act. and another offence of Special Sessions Trial No. 35 of 2016 for te offences under Section 147, 148, 294, 323, 506, 427 of the IPC and 3(1)(r) and (s) of Scheduled Castes and Scheduled Tribes (Prevention 5 of Atrocities) Act, 1989 (in short ‘SC/ST Act’), therefore, in view of the aforesaid submissions, the applicant is not entitled for bail. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Considering the rival submissions made by the respective parties, the statement of injured witnesses and other witnesses, the manner in which the alleged offence is committed by the accused persons, nature of injuries and the active participation of the accused persons, with the identification of the present applicant in the TIP and the applicant Ashish Singh Thakur was absconding and arrested on 10.01.2026, the Venue car has been seized from him and further that, the trial of the case has already been commenced and six witnesses up till 21.11.2025 have been examined (though they have been examined prior to arrest of the present applicant), the bail application of other co-accused persons have already been rejected by this Court, I am not inclined to release them on bail. The case of the present applicant is distinguishable with the case of Mohammad Jisan Khan and Syed Asad, as there was no TIP against Mohammad Jisan Khan and therefore, he was granted bail by the Hon'ble Supreme Court and on the ground that co-accused has been granted bail and Syed Asad is also in jail since 30.06.2025, the Hon'ble Supreme Court has granted bail to him also. However, against the present applicant there are sufficient evidence available in the charge sheet and the applicant 6 Ashish Singh Thakur has been duly identified in TIP by the witnesses, his case is distinguishable. 7. Accordingly, the present bail application of applicant namely Ashish Singh Thakur is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved