Jitendra Yadav @ Kallu Vs State of Chhattisgarh

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NAFR

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Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.07 10:25:23 +0530

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CGHC010165032026 2026:CGHC:27753

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 3908 of 2026

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Jitendra Yadav @ Kallu S/o Late Jalim Yadav Aged About 31 Years R/o Village- Nibiya Kheda Chouki Kuakheda, Police Station- Sejati Commissionerate Janpad Kanpur (U.P.) ... Applicant

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versus State Of Chhattisgarh Through Station House Officer Of P.S.- Amanaka Raipur (C.G.) ... Non-applicant For Applicant : Shri Shubhankar Singh, Advocate. For Non-applicant/State : Smt. Sunita Manikpuri, Government Advocate.

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(HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL)

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Order on Board

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06/07/2026

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This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the B.N.S.S.) for grant of regular bail to the applicant who has been arrested in connection with Crime No.266/2013 registered at Police Station – Amanaka, Raipur (C.G.), for the offence punishable under Section 302/34 of the IPC.

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As per the prosecution’s case, on 25.08.2013, the accused along with Sunil Gupta, and a juvenile and also Shyam Mahobia were travelling from Hyderabad to Rajnandgaon in their respective trucks and near the ABS factory, they watched some unknown person attempting to

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steal the accused’s truck (CG 04 DM 5112) and seeing this, the accused party chased him by Sunil Gupta truck (CG 05 B 3112) and brought him to Tatibandh, Raipur where the applicant/accused along with other co-accused persons, assaulted him by kicks, punches and a rod, as a result of which, the victim was brought to Suyash Hospital where he passed away. Based on this, offence under the aforesaid sections has been registered against the present applicant.

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Learned counsel for the applicant submits that the applicant has not committed any offence and even eye-witnesses to the incident are not supporting the case of the prosecution and he is in jail since last more than one year. He further submits that, trial is going on and it may take some considerable time to conclude. On these premises, he prays for the grant of regular bail to the applicants.

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On the other hand, learned counsel for the State opposes the bail application, while submitting that the matter relates to the offence of murder of the deceased and F.I.R. has been lodged showing the name of the applicant. She further submits that after incident, the applicant was absconding and he was brought before the Court in the year 2025 and that the trial is going on and some witnesses are yet to be examined by the prosecution, therefore, looking to the nature and gravity of the offence, the applicant does not deserve regular bail.

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

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Considering the facts and circumstances of the case and also considering the material available on record and that, some witnesses are yet to be examined by the prosecution and taking into account the fact that the trial is going on, I am not inclined to release the applicant

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on bail.

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