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Chattisgarh High Court
Raja Markam vs The State Of Chhattisgarh on 23 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by
GOURI MUDALIAR
2026:CGHC:13787
Date: 2026.03.24
16:43:25 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2736 of 2026
Raja Markam S/o Shri Bhagirati Markam, Aged About 30 Years R/o
Ward No. 3 Hirri, Thana- Hirri, Distt.- Bilaspur (C.G.)
...Applicant
versus
The State Of Chhattisgarh Through Station House Officer, Police
Station Bilha, Distt. Bilaspur (C.G.)
... Respondent
For Applicant : Shri Sunil Sahu, Advocate.
For : Ms. Sameeksha Gupta, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
23/03/2026
1. This is the first bail application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular
bail to the applicant who has been arrested in connection with Crime
No.357/2025 registered at Police Station Bilha, Distt. Bilaspur (C.G.)
for the offence punishable under Sections 296, 115 (2), 351(3), 109(1),
238, 103, 3(5) of BNS 2023 (As per charge sheet).
2. Case of the prosecution, in brief, is that the complainant Yogeshwar
Kaushik lodged the report at Police Station Bilha on 17.08.2025
against 4 persons including the present applicant with the averment
that on 16.08.2025 at about 11.00 PM Somu @Gitesh Markam has
informed through telephone that some dispute has been arose
between applicant Raja Markam and his companion with Devendra
Kaushik near Rajendra Betel shop Mahaveer Petrol Pump so the
complainant went to spot and seen that the injured was lying
unconscious, taken him to Apollo Hospial from where injured was
referred to DK Hospital Raipur where he is admitted for treatment. Tthe
further averment in the complaint is that he saw the CCTV Photos near
Petrol Pump and came to know that the accused Raja Markam has
caused the injury by club, Kishan Sahu, Hitesh Manikpur and Rehan @
Pintu has caused the injury by hand and fist so on the basis of the said
report thana Police registered the offences mentioned above and
during treatment injured died therefore the section 103 of BNS is
added and the applicant was arrested on 10.11.2025 and after
completing the investigation charge sheet is filed before JMFC Bilha
from where the case is committed to the Session Court Bilaspur.
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in this case. He would submit that alleged offence
had taken place on 16/08/2025 and the applicant was arrested, his
memorandum statement was recorded on 9/11/2025 and the club
(danda) used in commission of offence has been seized on 17/08/2025
itself therefore from the memorandum nothing has been recovered
from the applicant. He would submit that co-accused Kishan Kumar
Sahu has been granted anticipatory bail by this court in MCRCA
No.1420/2025 on 13/11/2025, co-accused Hitesh Manikpuri has been
granted anticipatory bail by this court in MCRCA No.1836/2025 on
24/11/2025 and co-accused Pintu Tandon @ Rehan has been granted
regular bail by this Court in MCRC No.7391/2025 on 13/11/2025. He
would submit that the charge sheet has been filed in this case, the
applicant is in jail since 10/11/2025 and conclusion of trial will take
some time, therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
and she would submit that charge sheet has been filed in this case
before the competent court but she do not dispute the fact that co-
accused persons have been granted bail by this court.
5. I have heard learned counsel appearing for the parties and perused the
case diary.
6. Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties, materials available on
record, further considering the fact that co-accused Kishan Kumar
Sahu has been granted anticipatory bail by this court in MCRCA
No.1420/2025 on 13/11/2025, co-accused Hitesh Manikpuri has been
granted anticipatory bail by this court in MCRCA No.1836/2025 on
24/11/2025 and co-accused Pintu Tandon @ Rehan has been granted
regular bail by this Court in MCRC No.7391/2025 on 13/11/2025,
period of detention of the applicant since 10/11/2025, charge sheet has
been filed and also considering the fact that trial is likely to take some
time for its conclusion, therefore this Court is of the view that the
applicant is entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the
Applicant- Raja Markam, involved in Crime No.357/2025 registered at
Police Station Bilha, Distt. Bilaspur (C.G.) for the offence punishable
under Sections 296, 115 (2), 351(3), 109(1), 238, 103, 3(5) of BNS
2023, be released on bail on his furnishing a personal bond with two
sureties in the like sum to the satisfaction of the Court concerned with
the following conditions:-
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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
for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
