ASHWANI CHANDRAKAR vs STATE OF CHHATTISGARH

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CGHC010388422026 2026:CGHC:45584
NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 9449 of 2026
1 - Ashwani Chandrakar S/o Uttam Chandrakar Aged About 23 Years
R/o Shakti Nagar, Durg Police Station- Mohan Nagar, District- Durg
(C.G.)
--- Applicant
versus
1 - State Of Chhattisgarh Through Police Station- Mohan Nagar,
District- Durg (C.G.)
--- Non-applicant
For Applicant : Mr. B.P. Singh, Advocate
For Non-applicant
: Ms. Ankita Shukla, P.L.
/State
MCRC No. 9548 of 2026
1 - Aditya Sen @ Branded S/o Prakash Sen Aged About 19 Years R/o
Ward No. 18, Shakti Nagar Near Pond Near Durga Mitra Mandal Stage
Durg Police Statin Mohan Nagar District Durg Chhattisgarh.
---Applicant

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Versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Mohan Nagar Durg District Durg Chhattisgarh.
--- Non-applicant
For Applicant : Mr. Ajay Thakre, Advocate
For Non-applicant
: Ms. Ankita Shukla, P.L.
/State

Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
28/10/2026
1. Since both of these bail applications arise out of a similar Crime
No., therefore, they have been clubbed together, heard together
and are being decided by this common order.
2. The applicants have preferred these first bail applications under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for
grant of regular bail as they have been arrested in connection
with Crime No. 134/2026 registered at Police Station Mohan
Nagar, District Durg (C.G.) for the offence punishable under
Sections 103, 191(2) and 3(5) of BNS and Sections 25 and 27 of
the Arms Act.

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3. Case of the prosecution, in brief, is that complainant Shiv Kumar
Gond lodged police report to the effect that on 16/02/2026 at
around 8:30 PM, his son Kshay @ Nanu was severely beatan
with sharp-edged weapons by Karan @ Batha, Ashwani, Padu
and other associates due to old enmity. In the incident, the
accused stabbed the deceased more than once near his back
and waist, due to which he became seriously injured and
unconscious. He was taken to the Hospital for treatment, but after
examination by the doctor, he was declared dead. Hence the
case was registered against the present applicants and other co-
accused persons.
4. Mr. B.P. Singh and Mr. Ajay Thakre, learned counsel for the
applicants would submit that the allegation of commission of
murder of deceased Kshay @ Nanu is on main accused Karan
@ Batha and the present applicants did not participate in the
commission of the offence, they were simply standing at the place
of occurrence. It is also submitted that charge-sheet has already
been filed and there is no material in the charge-sheet against
the present applicants. They would also submit that co-accused
Shubham Dewangan @ Raja, against whom similar allegations
were levelled as the present applicants, has already been
enlarged on bail by this Court vide order dated 17/09/2026
passed in MCRC/6058/2026. It is further contended that the
applicants are in jail since 17/02/2026 and since conclusion of

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trial is likely to take considerable time, the present applicants may
be released on bail.
5. On the other hand, Ms. Ankita Shukla, learned counsel appearing
for the non-applicant/State, would oppose the bail application and
submit that though the allegation of murder of the deceased has
been levelled mainly against co-accused Karan @ Batha but the
present applicants also participated in the quarrel between the
deceased and the main accused. She would further submit that
applicant Ashwani Chandrakar has one criminal antecedent
registered in the year 2026 for offence punishable under Sections
115(2), 296 and 3(5) of BNS whereas applicant Aditya Sen @
Branded has three criminal antecedents out of which two were
registered in the year 2025 and one has been registered in the
year 2026 for offence punishable under Sections 115(2), 296 and
3(5) of BNS which shows that both the applicants are habitual
offenders, therefore, the present bail applications are liable to be
rejected.
6. I have heard learned counsel for the parties and perused the
case diary.
7. Having considered the fact that the allegation of commission of
murder of deceased Kshay @ Nanu by inflicting fatal injuries has
been levelled on co-accused Karan @ Batha and there is no such
allegation against the present applicants that they also
participated in commission of the murder of the deceased and

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further considering that though there are criminal antecedents of
the applicants but bailable offences were registered against them
and lastly considering that charge-sheet has already been filed
and the applicants are in jail since 17/02/2026 and co-accused
Shubham Dewangan @ Raja, against whom similar allegations
were levelled as the present applicants, has already been
enlarged on bail by this Court vide order dated 17/09/2026
passed in MCRC/6058/2026, without commenting on the merits
of the matter, I am inclined to release the present applicants on
bail.
8. It is directed that in the event of the applicants executing a
personal bond for a sum of Rs.50,000/- each with one surety in
the like sum to the satisfaction of the concerned trial Court, they
shall be released on bail, on following conditions :-
(i) they shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade them from
disclosing such fact to the Court,
(ii) they shall not act in any manner which will be
prejudicial to fair and expeditious trial, and
(iii) they shall appear before the trial Court on each and
every date given to them by the said Court till disposal of
the trial.

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9. The observation made hereinabove is for the purpose of deciding
this bail application only, the trial Court shall decide the case on
its own merits.
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Harneet