Hadma Kurami Vs State of Chhattisgarh

¶1

Digitally signed bySOURABH SOURABH PATEL PATEL Date: 2026.05.07 10:28:11 +0530

1

2026:CGHC:21141

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

MCRC No. 3950 of 2026

¶7

1 - Hadma Kurami S/o Late Shri Joga Kurami, Aged About 30 Years, R/o Village Balatikra, Police Station, Chhindgarh, Tehsil Chindgarh, District- Sukma, C.G.

¶8

2 - Raju Padami S/o Late Shri Baga Padami, Aged About 40 Years, R/o Village Balatikra, Police Station, Chhindgarh, Tehsil Chindgarh, District- Sukma, C.G.

¶9

3 - Dilip Padami S/o Late Shri Baga Padami, Aged About 26 Years, R/o Village Balatikra, Police Station, Chhindgarh, Tehsil Chindgarh, District- Sukma, C.G.

¶10

4 - Mangadu Mandavi S/o Koyalu Mandavi, Aged About 38 Years, R/o Village Balatikra, Police Station, Chhindgarh, Tehsil Chindgarh, District- Sukma, C.G.

¶11

5 - Masa Markam S/o Late Shri Deva Markam, Aged About 35 Years, R/o Village Balatikra, Police Station, Chhindgarh, Tehsil Chindgarh, District- Sukma, C.G.

¶12

6 - Ganga Markam S/o Late Shri Deva Markam, Aged About 49 Years, R/o Village Balatikra, Police Station, Chhindgarh, Tehsil Chindgarh, District- Sukma, C.G.

¶13

7 - Guddi Mandavi S/o Late Shri Handa Mandavi, Aged About 35 Years, R/o Village Balatikra, Police Station, Chhindgarh, Tehsil Chindgarh, District- Sukma, C.G.

¶14

8 - Hunga Markam S/o Shri Pojja Markam, Aged About 35 Years, R/o Village Balatikra, Police Station, Chhindgarh, Tehsil Chindgarh, District- Sukma, C.G.

¶15

9 - Hadma Ram Oyami S/o Shri Hurra, Aged About 38 Years, R/o Village Balatikra, Police Station, Chhindgarh, Tehsil Chindgarh, District- Sukma, C.G.

... applicantss

versus

2

1 - State Of Chhattisgarh Through -Station House Officer, Police Station Chhindgarh, District Sukma C.G.

¶20

... Respondent For Applicants : Mr. Ishwar Jaiswal Adv. For Respondent/State : Mr. Anish Tiwari, Dy.G.A.

¶21

Hon'ble Shri Justice Sanjay Kumar Jaiswal

¶22

Order On Board

¶23

06/05/2026

¶24

The applicants have preferred this 02^nd bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as they are arrested in connection with crime No. 40/2025, registered at Police Station – Chhindgarh, District- Sukma (C.G.) for offence punishable under Sections 103(1), 61(2), 238 of the BNS, 2023.

¶25

The first bail application of the applicants was dismissed as withdrawn by this Court on 30.03.2026 in MCRC No. 2605/2026.

¶26

The prosecution case, in brief, is that on 07/08/2025, complainant Kailash Kurami lodged a report at Police Station Chhindgarh, District Sukma, Chhattisgarh, stating that on the same day, his sister Kosi had called and informed him that his father had been murdered by an unknown person and his body was lying in a pool of blood in the field of Vetti Muda. Based on the complainant's information, a crime was registered against unknown accused at Police Station Chhindgarh and investigation was taken up. During investigation, the present applicants/accused were taken into custody, interrogated, their memorandum statements were recorded, and they were arrested

¶27

3

¶28

and remanded to judicial custody. After completion of investigation, the charge sheet against the applicants was filed before the Court of Chief Judicial Magistrate, Dantewada.

¶29

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the alleged crime. He further submits that the applicants were not named in the FIR, there is no eye-witness to the alleged incident, and the entire prosecution case is based solely on circumstantial evidence. He further submits that, pursuant to the memorandum statements of the applicants, only mobile phones were seized from them and no weapon was recovered. The applicants have no criminal antecedents and have been in judicial custody since 08.08.2025 and 04.09.2025 respectively. Out of a total of 29 witnesses, only 4 have been examined till date, and the trial is likely to take considerable time to conclude, therefore, the applicants may be enlarged on bail.

¶30

Per contra, learned counsel appearing on behalf of the State opposes the bail application and submits that there are a total of 12 accused persons, including the present 09 applicants, who were involved in the conspiracy and have committed the murder of Baman Kurami. He further submits that the memorandum statements of the applicants have been recorded, pursuant to which their mobile phones have been seized, and the call detail records establish their mutual contact and conspiracy.He further submits that the witnesses, namely Ayte Kurami and Kosi Kurami, have stated in their statements recorded under Section 161 CrPC that they saw the applicants loitering near the

¶31

4

¶32

place of occurrence. Therefore, considering the nature and gravity of the offence, the applicants may not be enlarged on bail.

¶33

I have heard learned Counsel appearing for the parties and perused the material available on record.

¶34

Considering the facts and circumstances of the case, the nature and gravity of the offence, and the facts that there is no eyewitness in the present case, the applicants were not named in the FIR, no weapon has been seized from them, they have been in jail since 08.08.2025 and 04.09.2025 about 8 to 9 months, out of 29 witnesses only 04 have been examined till date, and the trial is likely to take considerable time to conclude, I find it appropriate to release the applicants on bail.

¶35

Accordingly, the application is allowed and the applicants are directed to be released on bail on their furnishing a personal bond in sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the trial Court for their appearance before the said Court as and when directed in that behalf.

¶36

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

¶37

Sd/- (Sanjay Kumar Jaiswal) Judge

¶38

Sourabh P.

Hadma Kurami v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Hadma Kurami v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Banti Yadav Vs State of Chhattisgarh

Yashoda Mahant Vs State of Chhattisgarh

Chandraprakash @ Shatrughan Vs State Of Chhattisgarh

Ramesh Kumar Sahu Vs State Of Chhattisgarh

Shailesh Kumar Rai @ Mintu Rai Vs State of Chhattisgarh

Ramesh Bhoye Vs State of Chhattisgarh