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2026:CGHC:5004

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 434 of 2026

1 - Monu Dhruw Alias Kuyi S/o Hirau Ram Aged About 29 Years

R/o. Maratha Para, Near Maratha Mangal Bhawan, Police

Station - City Kotwali, Dhamtari, District Dhamtari (C.G.)

... Applicant

versus

1 - State Of Chhattisgarh Through - Police Station - City Kotwali,

Dhamtari, District Dhamtari (C.G.)

... Respondent

For Applicant : Mr. Aditya Dhar Diwan, Adv.

For Respondent/State : Mr. Akash Agrawal, P.L.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order On Board

29/01/2026

1. The applicant has preferred this first bail application under

Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023

for grant of regular bail as he is arrested in connection with

Crime No.30/2025, registered at Police Station – City

Kotwali, Dhamtari, District- Dhamtari (C.G.) for offence

punishable under Sections 103(1), 351(2), 3(5) of BNS.

2. As per the prosecution’s case, on 01.02.2025, Ritesh

Pendaria lodged a report stating that on 31.01.2025 at

about 11:30 pm, while he was sitting and talking with his

Digitally

signed by

HEERAHEERA

LAL LAL SAHU

SAHU D 20a 2te 6: .01.29

17:30:07

+0530

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friend Shankar Dhimar (now deceased), at that time, the

applicant along with co-accused Janmdev Sori came to the

spot and took out a knife from his pocket and stabbed

Shankar Dhimar in the stomach with intention to kill him.

Thereafter, the co-accused also took out a knife from his

pocket and stabbed Shankar Dhimar 2 to 3 times. After

that, the applicant again stabbed the deceased 2-3 times on

his chest, stomach, and thighs. When he attempted to

intervene, both the accused persons threatened him and

fled away from the spot. Based on the above, offence has

been registered against the applicant.

3. Learned counsel for the applicant submits that the

applicant is innocent and has been falsely implicated in the

crime in question. He further submits that the sole

eyewitness examined by the prosecution is the informant

himself, who is an interested witness, being a close friend

of the deceased. No independent witness has been

examined from the public place, despite the incident

allegedly occurring at a public place. According to the

prosecution itself, the informant claims to be an eyewitness

who intervened in the alleged incident; however, he did not

sustain even a single injury. Considering that the incident

allegedly involved repeated knife blows by two assailants,

the absence of any injury on the informant renders his

presence and intervention highly doubtful and creates

serious suspicion regarding the veracity of his version. The

applicant is in jail since 01.02.2025, and the trial is likely

to take time to be finalised. Therefore, it is prayed that the

applicant may be enlarged on bail.

4. Per contra, learned Counsel appearing on behalf of the

State opposes the bail application and submits that the

case of the prosecution is supported by an eyewitness

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namely Ritesh Pendaria (PW-2) and there is a seizure ofv

knife from the present applicant on his memorandum;

therefore, at this stage, looking to the gravity of the offence,

the applicant may not be released on bail.

5. I have heard learned Counsel appearing for the parties and

perused the material available on record.

6.

Considering the facts and circumstances of the case, and

overall evidence collected by the prosecution against the

applicant, and also looking to the gravity of the offence, at

this stage, without commenting on the merits of the case, I

am not inclined to release the applicant on bail.

Accordingly, the bail application filed under Section 483 of

BNSS, 2023, is rejected

7. However, considering the fact that the applicant is in jail

since 01.02.2025, and out of 22 witnesses, only 4 witnesses

have been examined till date, the concerned trial Court is

directed to expedite the trial and to ensure that the trial is

concluded as expeditiously as possible, preferably within a

period of 5 months from receipt of a copy of this order.

8. Office is directed to sent a certified copy of this