Allowed¶24

Samir Say v. State of Chhattisgarh

Chhattisgarh HC14 Apr 2026MCRC/3216/2026

Case brief

AI extract

What is this about?

MCRC 3216 of 2026, High Court of Chhattisgarh, Bilaspur; Samir Say v. State of Chhattisgarh; regular bail; S. 483 BNSS 2023; S. 103(1) BNS; Crime No. 13/2026, P.S. Pallari; death of Karan Gahirware after scuffle on 29.12.2025; merg inquiry; custody since 11.01.2026; trial not commenced; bail allowed on personal bond Rs. 25,000/- plus one surety; Judge Sanjay Kumar Jaiswal; order dated 15/04/2026.

What did the court decide?

Regular bail: release on furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court, with a direction to appear before the trial Court on each and every date till disposal of the trial. ¶24

Samir Say Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, arrested in connection with Crime No. 13/2026 (offence under Section 103(1) BNS), is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Court's answer

Considering that only a scuffle took place between the applicant and the deceased, the deceased fell on a dais and died after 12 days of the incident, no report of the alleged incident was lodged nor statement of the deceased taken before 10.01.2026, the applicant is in custody since 11.01.2026, and the trial has not commenced and is likely to take considerable time, the Court, at this stage and without commenting on the merits, was inclined to release the applicant on bail.

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Ratio / Principle

The bail application is allowed: the applicant is to be released on bail on furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court; he is directed to appear before the trial Court on each and every date till disposal of the trial; and any observation made in the order shall not affect the trial of the case.

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Detailed headnote1 paragraphs

Bail — Regular bail under S. 483 BNSS 2023 in a case registered under S. 103(1) BNS (Crime No. 13/2026, P.S. Pallari, Dist. Balodabazar-Bhatapara). Granting bail, the Court weighed that only a scuffle occurred between the applicant and the deceased, who fell on a dais and died about 12 days later during treatment; that no report of the incident was lodged nor statement of the deceased recorded before 10.01.2026; that the applicant was in custody since 11.01.2026; and that the trial (15 listed witnesses) had not commenced and was likely to take considerable time. Without commenting on merits, the Court allowed the first bail application, directing release on a personal bond of Rs. 25,000/- with one surety in the like sum, appearance on every trial date, and clarifying that its observations would not affect the trial. (Single Judge: Sanjay Kumar Jaiswal; decided 15/04/2026.)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 3216 of 2026

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1 - Samir Say S/o. Late Sanjay Say Aged About 35 Years R/o.Village- Rasota, Police Station- Pallari, District- BalodabazarBhatapara Chhattisgarh.

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... Applicant

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versus

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1 - State Of Chhattisgarh Through- P.S.- Pallari, DistrictBalodabazar-Bhatapara Chhattisgarh.

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... Respondent

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For Applicant : Mr. Hemant Gupta, Adv. For State : Mr. Sumit Singh, Dy. A.G.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board

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15/04/2026

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1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 13/2026 registered at Police Station – Pallari, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 103(1) of BNS.

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2. As per the prosecution’s case, the complainant, Smt. Kiran Gahirware lodged a report stating that her son, Karan Gahirware, was in an intoxicated state on 29.12.2025 at about 9:30 pm, due to excessive alcohol consumption. The Baba Guru Ghasidas Jayanti celebrations were being held at Ghasidas Chowk in the village of Rasauta, when the deceased was going to that function, the deceased fell in front of Lala Bhardwaj’s shop and sustained injuries, due to being under the influence of

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Digitally signed by HEERA HEERA LAL LAL SAHUDate: SAHU 2026.04.15 17:26:49 +0530

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alcohol; he was immediately admitted to the CHC Palari for treatment. Upon referral, he was transferred to the district hospital in Balodabazar, where he remained admitted for 2 days. Following further treatment and subsequent referral, he was admitted to DKS hospital, Raipur, on 31.12.2025. On 09.01.2026, the victim, Karan Gahirware, died. Based on this, a merg was registered, and an inquiry was initiated. The inquiry revealed that on the night of 29.12.2025, at 9:30 pm, a villager named Sameer Sai had engaged in a scuffle and physical assault against the deceased near the village’s Akhil Kirana Store, pushing him to the ground. This incident resulted in a severe injury to the back of the deceased’s head. Leading to his death while undergoing treatment at his maternal aunt’s residence in Gudhiyari, Raipur. Based on this, offence has been registered against the present applicant.

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3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that on the date of the incident, the deceased was in an intoxicated condition, and there was only a scuffle between the applicant and the deceased, due to which the deceased fell on a dais and sustained injury and after 12 days, the deceased died during treatment. The applicant has no intention or motive to commit the said offence. Before 10.01.2026, there was no report of the incident, nor was a statement of the deceased taken. The applicant is in jail since 11.01.2026; there are a total of 15 listed witnesses in the case, and the trial has not commenced yet. The trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant.

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4. On the other hand, learned counsel for the State opposed the bail application.

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

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6. Considering the facts and circumstances of the case and also considering the fact that only scuffle was taken place between

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the applicant and the deceased, due to which the deceased fell on a dais and died after 12 days of incident, but before 10.01.2026, no report of the alleged incident was lodged or statement of the deceased was taken, the applicant is in custody since 11.01.2026 and the trial has not commenced yet, the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on bail.

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7. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case.

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8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

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Sd/- (Sanjay Kumar Jaiswal) Judge

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H.L. Sahu

Samir Say v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Samir Say v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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