Dismissed¶31

Kamal Tonde v. State of Chhattisgarh

Chhattisgarh HC12 Feb 2026MCRC/1009/2026

Case brief

AI extract

What is this about?

Regular bail rejected under Section 483 BNSS 2023; offences under Sections 296, 351(3), 115(2), 191(2), 191(3), 109(1), 103(1), 61(2) BNS; Crime No.360/2025, PS Simga, Balodabazar-Bhatapara; fatal assault on Tamraz Mahipal; FSL blood stains on half shirt, wooden stick and lower; test identification parade; weapons seized at instance of accused; charge-sheet filed; parity pleas with bailed co-accused Salikram Dhruw (MCRC No. 8736/2025) and Ompriya Chaturvedi rejected; custody since 08.07.2025; gravity of offence; Chhattisgarh High Court, Justice Arvind Kumar Verma.

What did the court decide?

On perusal of the case diary, sufficient grounds were shown by the prosecution that the accused/applicant committed the offence; considering the nature and gravity of the offence, granting bail did not appear to be justified. ¶27

Kamal Tonde Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the applicant, arrested in Crime No.360/2025 (PS Simga) for offences punishable under Sections 296, 351(3), 115(2), 191(2), 191(3), 109(1), 103(1), 61(2) of BNS, should be released on regular bail under Section 483 of the BNSS, 2023.

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Court's answer

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Ratio / Principle

The objects used in the crime having been seized at the instance of the accused, they prima facie did not show any basis of innocence of the applicant/accused.

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Key takeaways

In view of the seriousness of the offence and other circumstances, and looking to its nature and gravity, the Court held it was not a fit case to enlarge the applicant on bail.ratio¶28

Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH, BILASPUR (Arvind Kumar Verma, J.; 13/02/2026) — MCRC No. 1009 of 2026 — Kamal Tonde v. State of Chhattisgarh — First regular bail application under Section 483 of the BNSS, 2023 for an applicant arrested in Crime No.360/2025, Police Station Simga, District Baloda-Bazar Bhatapara (C.G.), for offences punishable under Sections 296, 351(3), 115(2), 191(2), 191(3), 109(1), 103(1), 61(2) of BNS, arising from an alleged assault of 04.07.2025 in which victim Tamraz Mahipal died during medical treatment. Counsel argued false implication, non-naming in the FIR, absence of any attributed act or collected material of conspiracy, parity with co-accused Salikram Dhruw (bail granted in MCRC No. 8736/2025 despite TIP identification and seizure of blood-stained clothes) and co-accused Ompriya Chaturvedi, and custody since 08.07.2025. State counsel opposed, relying on the FSL report (human blood stains on Article A/1 Half Shirt, blood on Article Z Wooden Stick and Article A/2 Lower), eye witnesses, and the applicant's Test Identification Parade identification. Perusing the case diary, the Court found sufficient grounds that the accused committed the offence, noted seizure of the crime objects at the instance of the accused and filing of the charge-sheet, and held that the nature and gravity of the offence made it unfit to enlarge the applicant on bail. Bail application rejected; certified copy directed to be sent to the trial Court.

2026:CGHC:8013

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1009 of 2026

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Kamal Tonde S/o Kailash Tonde Aged About 22 Years R/o Santmata Karma Ward Bhatapara P.S. Bhatapara (City) District- BalodabazarBhatapara (C.G.)

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... Applicant

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versus

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State Of Chhattisgarh Through Station House Officer, Police Station Simga District- Balodabazar- Bhatapara (C.G.)

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---- Respondent

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(Cause title is taken from the CIS)

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For Applicant : Mr. Vijay Shankar Mishra, Advocate

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For State-Respondent : Mr. Jitendra Shrivastava, GA

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Hon'ble Shri Justice Arvind Kumar Verma

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Order on Board

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13/02/2026

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This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.360/2025 registered at Police Station Simga, District Baloda-Bazar Bhatapara (C.G.), for the offence punishable under Sections 296, 351(3), 115(2),

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191(2), 191(3), 109(1), 103(1), 61(2) of BNS.

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Case of the prosecution, in brief is that the complainant Aman Mandle lodged complaint through Dehaati Nalsi that on 04.07.2025 at 08:00 PM in the night, he was sitting near the road side in front of his uncle Sanjaya's Mandles shop along with his cousin Tamraz Mahipal and other villagers namely Dileshwar Dahariya, Rajesh Krishna Nishad, and after some foots away some other villagers were also sitting there at the same movement two Eeco vehicle came there from which sunil patre, Amardeep patre and there others friends came out of the vehicle and suddenly they came their and started using filthy language for his cousin Tamraz Mahipal and started beating him from wooden stick and sharp object and from hands also, their intension was to kill him by putting force on his head and chest on which criminal case was registred against them including the present applicant Victim Tamraz mahipal died during medical treatment. Hence the present bail application.

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Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that one of the co-accused namely Salikram Dhruw in MCRC No. 8736/2025 was identified during test identification parade and lower and T-shirt was also seized from his in which blood stains were found yet then also he has been granted bail by this Court. He further contented that one of the

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Co-accused namely Ompriya Chaturvedi has been granted bail by this from him one stick was seized and from present applicant also stick has been seized. No act has been attributed by present applicant. The prosecution has not collected any material showing the hands of the present applicant behind the crime. The present applicant has not been named in the FIR and prosecution has failed to explain as to on what ground she has been implicated in the present case. The prosecution has failed to collect any material of conspiracy between the present applicant and other co-accused persons in the case. Lastly, he contended that the applicant is in jail since 08.07.2025 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail.

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Learned State Counsel opposes the submission made by learned counsel for the applicant and submits that during the course of investigation, the FSL report has been obtained wherein, the human blood stain was found in the Article A/1 (Half Shirt) and blood was found in Article Z (Wooden Stick) and also in the Article A/2 (Lower) of the accused. Also, several eye witnesses have seen the applicant and the applicant has also been identified in the Test Identification Parade (T.I.P.), conducted by the concerned Police, therefore, the act committed by the applicant/accused is serious in nature, therefore, he may not be released on bail.

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I have heard learned counsel for the parties and perused the case diary.

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Considering the facts of the case, submission made by learned counsel for the parties. From the bare perusal of the case diary, it is revealed that, sufficient grounds are being shown by the prosecution that, the accused Applicant have committed the aforesaid offence, therefore, considering the nature and gravity of the offence, granting bail to the accused/applicant does not appear to be justified. It is also pertinent to mention here that, the objects using in crime have also been seized at the instance of the accused, which prima facie, does not show any basis of innocence of the applicant/accused. Charge-sheet has been filed in the present case.

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In view of its seriousness and after considering other circumstances, it does not seem appropriate to grant bail to this applicant/accused. Looking to the nature and gravity of the offence, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail.

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Accordingly, the bail application of the applicant filed under Section 483 of the BNSS, involved in Crime No.360/2025 registered at Police Station Simga, District Baloda-Bazar Bhatapara (C.G.), for the offence punishable under Sections 296, 351(3), 115(2), 191(2), 191(3), 109(1), 103(1), 61(2) of

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BNS, is rejected .

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