[Cites 9, Cited by 0]
Chattisgarh High Court
Akash Aditya vs State Of Chhattisgarh on 17 April, 2026
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1/3
2026:CGHC:17574
PAWAN
NAFR
KUMAR
JHA
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
PAWAN
KUMAR JHA MCRC No. 3507 of 2026
• Akash Aditya S/o Ganga Prasad Aditya Aged About 30 Years R/o Chhote
Koni, Near Petrol Pump Maharaj Para, Koni P S Koni District Bilaspur
Chhattisgarh
... Applicant
versus
• State Of Chhattisgarh Through Officer-In-Charge P S Tamnar Distt. Raigarh
Chhattisgarh
... Respondent
For Applicant : Mr. Ashutosh Mishra, Advocate
For Respondent-State : Mr. Hariom Rai, Panel Lawyer
Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
17/04/2026
1. Applicant has filed this second bail application under Section 483 of Bhartiya
Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been
arrested in connection with Crime No. 133/2023 registered at Police Station -
Tamnar, District Raigarh (C.G.) for offence punishable under Sections 302,
394, 201, 120B/34 of IPC.
2. Case of prosecution in brief is that one Babulal Chouhan gave information in
concerned police station that two dead bodies are lying near selfie point
Palighat, Tamnar. Based on the said information, police registered morgue
and after morgue inquiry, crime was registered against unknown person.
During course of investigation, applicant along with other co-accused persons
was arrested on 23.03.2023.
3. Learned counsel for applicant submits that applicant is innocent and has been
falsely implicated in the crime. He has been made accused on the basis of
statement of co-accused Ajay Sao and thereafter evidence of seizure and
memorandum witnesses were recorded. During course of trial, seizure
witness Khemraj Gupta and Sukdev Chouhan were examined and they have
not supported case of prosecution. Applicant is in jail since 23.03.2023 and
thereby he has completed more than 3 years. Trial is likely to take some time,
hence, applicant may be released on bail. He also pointed out that similarly
situated co-accused persons namely Rakesh Khunte, Jainul Khan, Manoj
Sahu, Ajay Sao and Ajay Yadav have been enlarged on bail by this Court vide
MCRC No. 308/2024, MCRC No. 1972/2024, MCRC No. 9150/2025, MCRC
No. 604/2026, and MCRC No. 2010/2026.
4. On the other hand, learned State counsel opposes the submission of learned
counsel for applicant and would submit that according to the material available
in the charge-sheet, it is appearing that applicant along with other co-accused
persons were interconnected through mobile phone during period of trial
which is also appearing from the CDR. He submits that one used knife,
clothes with blood stain and one touch screen mobile phone have been
seized. However, upon asking, he submits that in the case diary, FSL report is
not available and it is awaited. He however submits that the submission of
learned counsel for applicant based on deposition of PW-10 and PW-11,
seizure and memorandum witnesses, is subject matter of appreciation by the
trial Court and release of other co-accused person on bail, as submitted by
learned counsel for applicant is not disputed by him.
5. I have heard learned counsel for the parties.
6. Taking into consideration, facts and circumstances of the case, nature of
allegation, submission of learned counsel for the parties and further
considering that other co-accused Rakesh Khunte, Jainul Khan, Manoj Sahu,
Ajay Sao and Ajay Yadav, have been enlarged on bail in MCRC No. 308/2024,
MCRC No. 1972/2024, MCRC No. 9150/2025, MCRC No. 604/2026, and
MCRC No. 2010/2026 respectively, period of pre-trial detention, without
commenting anything on merits of the case, I am inclined to allow this bail
application.
7. Accordingly, bail application is allowed. It is directed that the applicant shall
be released on regular bail, upon furnishing a bail bond in the sum of
₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the
conditions that-
(a) The applicant shall file an undertaking to the effect that he
shall not seek any adjournment on the dates fixed for evidence
when the witnesses are present in court. In case of default of this
condition, it shall be open for the trial court to treat it as abuse of
liberty of bail and pass orders in accordance with law.
(b) The applicant shall remain present before the trial court on
each date fixed, either personally or through his counsel. In case
of his absence, without sufficient cause, the trial court may
proceed against him under Section 269 of Bharatiya Nyaya
Sanhita.
(c) In case, the applicant misuses the liberty of bail during trial
and in order to secure his presence, proclamation under Section
84 of BNSS. is issued and the applicant fails to appear before the
court on the date fixed in such proclamation, then, the trial court
shall initiate proceedings against him, in accordance with law,
under Section 209 of the Bharatiya Nyaya Sanhita.
(d) The applicant shall remain present, in person, before the trial
court on the dates fixed for (i) opening of the case, (ii) framing of
charge and (iii) recording of statement under Section 351 of
BNSS. If in the opinion of the trial court absence of the applicant
is deliberate or without sufficient cause, then it shall be open for
the trial court to treat such default as abuse of liberty of bail and
proceed against him in accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Sd/-
(Parth Prateem Sahu)
pwn JUDGE
