Dismissed¶¶25

Nemesh Dhiwar v. State of Chhattisgarh

Chhattisgarh HC5 Jul 2026MCRC/4113/2026

Case brief

AI extract

What is this about?

MCRC No. 4113 of 2026, High Court of Chhattisgarh at Bilaspur, decided 06/07/2026 by Radhakishan Agrawal, J. First regular bail application under Section 483 BNSS by Nemesh Dhiwar in Crime No.112/2025, P.S. Anda, District Durg, for offences under Sections 296, 351(3), 115(2), 103(1) r/w Section 3(5) BNS 2023 (assault on deceased Omkareshwar over Rs.2,000/- loan; death; FIR by Nageshwar Sinha). State opposed citing gravity of murder offence and use of a stick. Applicant in custody since 12.11.2025; trial ongoing. Bail rejected — application dismissed. No precedents cited.

What did the court decide?

Considering the facts and circumstances of the case, the material available on record and the fact that the trial is going on, the Court is not inclined to release the applicant on regular bail. ¶¶24

Nemesh Dhiwar Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2026)

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Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.06 18:00:58 +0530

CGHC010176702026

2026:CGHC:27754

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 4113 of 2026

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Nemesh Dhiwar S/o. Hemnath Dhiwar Aged About 29 Years (Not Mention In The Bail Rejection Order Sheet) R/o. Village Anda, Bastipara, Police Station, Anda District- Durg (C.G.) ... Applicant

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versus

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State Of Chhattisgarh Through Station House Officer, Police Station Anda, District- Durg (C.G.) ... Non-applicant

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For Applicant : Shri Jitendra Gupta, Advocate. For Non-applicant/State : Smt. Sunita Mankpuri, 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.112/2025 registered at Police Station – Anda, District Durg (C.G.), for the offence punishable under Sections 296, 351(3), 115(2), 103 (1) read with Section 3 (5) of Bhartiya Nyay Samhita, 2023 (for short, the BNS).

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As per the prosecution’s case, when the accused demanded repayment of Rs.2,000/-, which the deceased - Omkareshwar was

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unable to repay the same, the accused/applicant along with other applicants including one juvenile, in furtherance of their common intention, abused and threatened him and assaulted him with firsts, kicks and a wooden stick and when the complainant and his mother intervened, they were also assaulted. The deceased was taken to the government Hospital, Durg where he was declared dead. Matter was reported to the Police Station by the complainant Nageshwar Sinha, based on which, offence under the aforesaid sections has been registered against the present applicant.

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Learned counsel for the applicant submits that the present applicant Nemesh Dhiwar is not the main accused and the incident arises out of the demand of Rs.2,000/-, which was borrowed by the deceased from the applicant and other accused persons and no deadly weapon was used by the applicant. As per the prosecution case, the applicant, without any intention, only assaulted the deceased by hands and fists and after the incident, the deceased was brought to the Hospital where he has died. He further submits that the applicant is in jail since 12.11.2025 and the, 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 applicant.

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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 Omnakreshwar. She further submits that the accused assaulted the deceased Omkareshwar with common intention by hands and firsts and weapon of offence, i.e., stick was used in the commission of offence, therefore, the deceased has died. She further submits that the trial is going on, therefore, looking to the nature and

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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, taking into account the fact that the trial is going on, I am not inclined to release the applicant on bail.

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Accordingly, the application filed under Section 483 of B.N.S.S. is rejected.

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

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Sd/-

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(Radhakishan Agrawal) JUDGE

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Anjani

Nemesh Dhiwar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nemesh Dhiwar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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