Single order rejecting second regular bail applications of two accused persons tried jointly for assault causing death, citing pending prosecution witnesses and seriousness of case.
Both bail applications under sections 483 of BNS 2023 were rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CGHC010212142026
2026:CGHC:40420
NAFR
Digitally signed by RAMESH KUMAR VATTI Date: 2026.09.17 12:00:07 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6169 of 2026
*** -** Balsaay S/o Late Nahal Singh Aged About 52 Years Caste Gond, R/o Village Kurridih, P.S. And Tehsil Bhaiyathan, District Surajpur Chhattisgarh --- Applicant
Versus
*** -** State Of Chhattisgarh Through Police Station Jhilmili (Bhaiyathan), District Surajpur Chhattisgarh
--- Non-Applicant
And
MCRC No. 6315 of 2026
*** -** Surendra Singh @ Chhola S/o Shri Dashrath Aged About 30 Years R/o Village Unchdeeh, Police Station And Tahsil Surajpur, District- Surajpur, (C.G.)
--- Applicant
Versus
*** -** State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Jhilmili (Bhaiyathan), District- Surajpur, (C.G.) (As Per Charge Sheet)
--- Non-Applicant
| For Respective Applicants | : | Mr. Bhupendra Singh and Mr. Anil Gulati, Advocates |
|---|---|---|
| For Non-Applicant/State | : | Mr. Kawal Jeet Singh Saini, DeputyGovernment Advocate |
Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board
16/09/2026
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application) and MCRC No. 6315/2026 (second bail application) under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 preferred by the respective applicants arise out of the same Crime No. 95/2024 registered at Police Station- Jhilmili (Bhaiyathan), District Surajpur (CG) for commission of offence punishable under Sections 296, 115(2), 238, 351, 126, 127, 103(1) and 3(5) of BNS, 2023, therefore, they are being disposed of by this common order.
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rejected in MCRC No. 698/2025 vide order dated 24.01.2025. He would contend that out of 22 witnesses, 09 witnesses have already been examined till now and 11 witnesses are yet to be examined. He would submit that deceased- Balbai was assaulted by the present applicants on 22.08.2024 and subsequently, she succumbed to death on account of injuries sustained by her on 26.08.2024. He would submit that her statement under Section 180 of BNSS was recorded, wherein, she has made serious allegations of assault against the present applicants and after her death such statement would be treated as her dying declaration, and therefore, both the bail applications deserve to be dismissed.
Sd/-
(Rakesh Mohan Pandey) Judge
vatti
2 issues framed by the court
Whether bail should be granted to accused applicants facing charges of assault and resulting death.
Whether the rejection of the first bail application by Surendra Singh requires consideration.
Balsaay
Surendra Singh @ Chhola
State Of Chhattisgarh
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
