Thakur Ram Pal vs State Of Chhattisgarh

This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.249/2025, registered at PS- Suhela, District- Balodabazar-Bhatapra, (C.G.) for commission of offence punishable under Sections 103(1), 191(2), 191(3), 190 & 238 of Bharatiya Nyaya Sanhita, 2023 and Sections 25 & 27 of Arms Act, 1959.

Case of prosecution in brief, is that the complainant Hirawan Sahu made written complaint alleging that his younger brother Gopal Sahu went to see Durga Mela at Suhela on 27.09.2025 with other persons in the night at 8.00 hours and he did not return to his house. On the next day at 6.00 AM, his dead body found near house of Shankar Verma and some persons have assaulted upon him and committed murder. On the basis of above complaint, an FIR was registered against the unknown persons vide FIR No.249/2025 under section 103(1) of BNS and after investigation and collection of material and recording the statements, the charge sheet was filed against the present applicant and other accused persons.

Learned counsel for the applicant submits that applicant has been implicated in this case only on the basis of the memorandum statements of the co-accused. FIR was lodged against the unknown persons and name of the present applicant does not appear in the FIR. The applicant has been implicated in the present case solely on the basis of the allegation that he is a friend of the co-accused persons and was allegedly present at the place of occurrence. There is no eye-witness in this case. No weapon was recovered from the present applicant, the alleged knife was recovered from another accused person namely Samir Verma. As per case of the prosecution, the allegations against the applicant is only of assault by hands and fists. There is no any other criminal antecedent against the applicant. He would further submit that the other co-accused namely Roshan Yadav @Thaneshwar Yadav has already been enlarged on bail by the Coordinate Bench vide order dated 03.03.2026 passed in MCRCNo. 1858/2026 and the case of the present applicant is similar to that of the other co-accused, who has been released on bail. Applicant is in jail since 01.10.2025, conclusion of trial may take some time, hence, applicant may be released on bail.

Per contra, learned counsel for the State opposes the bail application. However, he would fairly submits that the case of the present applicant is similar to that of the other co-accused, who has been released on bail.

Heard learned counsel for the parties and perused the case diary.

Considering the aforesaid facts, the nature of the allegations against the applicant and upon perusal of the case diary, which reveals that the FIR was lodged against unknown persons and that the present applicant was not named therein; further considering that the co-accused, namely Roshan Yadav @Thaneshwar Yadav has already been enlarged on bail by the Coordinate Bench; and as the conclusion of the trial may take some time, this Court, without commenting on the merits of the case, is of the opinion that the present applicant is also entitled to be released on bail on the ground of parity.

Accordingly, it is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-

The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.