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Chattisgarh High Court
Ramnath Patle vs State Of Chhattisgarh on 30 March, 2026
1
2026:CGHC:14854
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2616 of 2026
1 - Ramnath Patle S/o Late Sukhiram Patle, Aged About 61 Years R/o Village
Chharchhed, Thana Kasdol, District- Balodabazar- Bhatapara (C.G.)
2 - Dilkumar Patle S/o Ramnath Patle Aged About 20 Years R/o Village
Chharchhed, Thana Kasdol, District- Balodabazar- Bhatapara (C.G.)
... Applicants
versus
State Of Chhattisgarh Through Sho, Thana- Kasdol, District- Balodabazar-
Bhatapara (C.G.)
... Respondent
(Cause title taken from Case Information System)
For Applicants : Mr. Arvind Prasad, Advocate
For Respondent/State : Ms. Supriya Upasane, Govt. Advocate
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
30/03/2026
1. This is the first bail application filed by the applicants under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
VED regular bail. The applicants have been arrested on 13-09-2024 in
PRAKASH
DEWANGAN
connection with Crime No. 385 of 2024, registered at Police Station
Kasdol, District Baloda, Bazar-Bhatapara (C.G.) for the offence under
Sections 103(1) 191(2) 191(3), 190, 296, 351(3), 115(2), 331(8),
332(A) and 333 of Bharatiya Nyaya Sanhita, 2023 and Sections 4, 5
and 6 of Chhattisgarh Tonahi Pratadna Nivaran Adhiniyam, 2005.
2. The case of the prosecution is that, on 12-09-2024, four deceased
persons, namely Chaitram, Jamuna Bai, Yash Kenwat and Yashoda
Kenwat were found dead in their house. Merg was intimated to police
and on their postmortem, numerous injuries were found on their body
and their death was reported to be homicidal in nature. Two
eyewitnesses, Char Bai and Nisha Kenwat, who were the family
members of the deceased persons, have disclosed in their statement
made before the police as well as statement recorded under Section
164 of CRPC that Deepak Patle, Ramnath and Dil Kumar Patle
committed the murder of the deceased persons and since they hide
themselves in the house, they could not be assaulted by the accused
persons. The accused persons have been arrested and weapon of
offence i.e. hammer, cycle chain, sharp-edged iron plate and iron pipe
have been seized from them. After investigation, charge sheet has
been filed in which they are claiming regular bail.
3. Learned counsel appearing for the applicants would submit that the
applicants are innocent and have been falsely implicated in the
offence. The so-called eyewitnesses are interested witnesses and they
have actually not seen the applicants assaulting the deceased
persons. To implicate them in the offence in question, they pleaded the
motive of playing witchcraft by the deceased persons, whereas there
is no motive available in the case. The trial of the case is not in
considerable progress and only 12 witnesses have been examined till
date. He would further submit that the co-accused, Itwari Ram Patel,
has been released on bail by the Hon'ble Supreme Court, vide order
dated 06-01-2026 and the allegations against the present applicants
are similar to the allegations against the co-accused Itwari Ram.
Therefore, they may also be released on bail.
4. On the other hand, learned counsel appearing for the State opposes
and has submitted that, from the statement of the witnesses recorded
under Section 161 as well as 164 of CRPC, i.e., the statement of Char
Bai and Nisha Kenwat, the present applicants are the main accused,
who assaulted the four deceased persons with the motive that they are
playing witchcraft in the village. The weapon of offence have been
seized from the accused persons and from the accused Ramnath, one
iron pipe and cycle chain has been seized and from the accused Dil
Kumar, one sharp-edged iron plate has been seized. From the
statement of Ganga Prasad Chelak, Roshan Patle, Dharam Das
Manikpuri, Kanak Ram Markande, Fulmati Dahariya, a prima facie
evidence available in the charge sheet that they had seen the present
applicants going towards the house of the deceased persons. The bail
to Itwari Ram Patel was granted by the Hon'ble Supreme Court on the
ground of his ailment, as well as there is no allegation against him to
assault the deceased persons, whereas the allegation of assault upon
the deceased persons is specifically made against the present
applicants in the statement of eyewitnesses Char Bai and Nisha
Kenwat. Therefore, the case of Itwari Ram Patel is distinguishable to
the case of the present applicants. She would further submit that total
46 witnesses have been cited by the prosecution and out of 46
witnesses, 12 have been examined, 18 have been given up and 16
witnesses are yet to be examined and thus the trial of the case is at its
advanced stage. Therefore, in such a heinous offence of murder of
four deceased persons, the applicants are not entitled for bail.
5. I have heard learned counsel for the parties and perused the material
annexed with the bail application as well as the case diary.
6. Considering the submissions made by the counsel for the parties,
nature of the offence and the material available in the charge sheet
against the present applicants, further considering the statement under
Sections 161 and 164 of the CRPC of the eyewitnesses Char Bai and
Nisha Kenwat, statements of the other witnesses Ganga Prasad
Chelak, Roshan Patle, Dharam Das Manikpuri, Kanak Ram Markande
and Fulmati Dahariya and seizure of offence, and also that out of 46
witnesses, only 16 witnesses remain to be examined and the trial of
the case is at its advanced stage and also that the allegations against
the present applicants are distinguishable to the allegations against
Itwari Ram Patel, who has been granted bail by the Hon'ble Supreme
Court on the ground of his ailment, I am not inclined to release the
applicants on bail.
7. Accordingly, the present bail application filed by the applicants is
rejected.
Sd/-
(Ravindra Kumar Agrawal)
Judge
ved
