Tamraj Kanwar (Diwan) v. State of Chhattisgarh

Order On Board 16/10/2026

¶1The applicant has preferred this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as he is arrested in connection with Crime No. 33/2026, registered at Police Station – Magarlod, District-Dhamtari (C.G.) for offence punishable under Sections 296, 115(2), 351(3), 191(2), 191(3), 190, 109, 103(1), 117(2), 61(2) of BNS and Section 25, 27 of the Arms Act.

¶2The case of the prosecution, in brief, is that on 21.02.2026, a written complaint was lodged by Tetkuram Nishad, alleging that the applicant, along with other co-accused persons, assaulted the complainant party near the market square of Village Bhothidih with a knife and fists, over a previous dispute, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.10.16 +0530 resulting in the death of Chandan Nishad and injuries to other persons. On the basis of the said complaint, an offence has been registered against the present applicant and other co-accused persons.

¶3Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. She further submits that there are a total of four injured persons and, except Tarun Dhruv, all have sustained simple injuries. She further submits that the applicant is not the main accused in the incident and only a metal bracelet (कड़ा ा) has been seized from the possession of the applicant. The applicant has been in jail since 22.02.2026 and, out of a total of 38 prosecution witnesses, only 03 have been examined so far. The trial is likely to take a considerable time to conclude. Hence, considering all these facts, the applicant may be released on bail.

¶4Per contra, learned counsel appearing on behalf of the State opposes the bail application and submits that the applicant, along with the other co-accused persons, in furtherance of their common intention, assaulted the injured persons with a metal bracelet (कड़ा ा). He further submits that, out of a total of four injured persons, only Neeraj Nishad has been examined till date. Therefore, at this stage, considering the gravity and seriousness of the alleged offence, the applicant may not be enlarged on bail.

¶5I have heard learned Counsel appearing for the parties and perused the material available on record.

¶6Taking into consideration the entire facts and circumstances of the case, the nature and gravity of the offence, the overall material available on record, and the fact that out of total 07 accused persons, two juveniles have already been granted bail, that the applicant is in jail since 22.02.2026, out of a total of 38 prosecution witnesses, only 03 witnesses have been examined till date and the trial is likely to take considerable time to conclude, this Court finds it appropriate to release the applicant on bail.

¶7Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf.

¶8The Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

Sd/- (Sanjay Kumar Jaiswal) Judge $ourabh

CGHC010411202026 2026:CGHC:44825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9906 of 2026 1 - Tamraj Kanwar (Diwan) S/o. Budharu Diwan, Aged About 18 Years (Wrongly Mentioned As Tamraj Kanwar In Fir), R/o. Village Bhothidih, P.S. Magarlod, District Dhamtari (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Magarlod, District Dhamtari (C.G.). ... Respondent(s) For Applicant : Ms. Sweksha Sharma, Adv. For Respondent/State : Mr. Kalpesh Ruparel, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal