MOHAN NISHAD vs STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
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CGHC010375252026 2026:CGHC:44919
NAFR
KUNAL
DEWANGAN
Digitally
signed by
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 9338 of 2026
1 - Homlal Chandravanshi S/o Hiru Ram Aged About 23 Years Resident
Of Bhansula Police Station And Outpost, District Mohla - Manpur-
Ambagarh Chowki (Chhattisgarh)
2 - Prashant Kumar Son Of Bhagatram, Aged About 26 Years Resident
Of Bhansula Police Station And Outpost, District Mohla - Manpur-
Ambagarh Chowki (Chhattisgarh)
--- Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Ambagarh Chowki, District Mohla -Manpur- Ambagarh Chowki (C.G.)
--- Non-applicant(s)
For Applicants : Mr. Aditya Bhardwaj, Advocate.
For Non-applicants/State : Mr. Akash Agrawal, Panel Lawyer.
MCRC No. 8271 of 2026
1 - Mohan Nishad S/o Suresh Nishad Aged About 20 Years R/o Village
Brahman Lanjhiya, Police Station Ambagarh Chowki, District Mohla-
Manpur-Ambagarh Chowki, Chhattisgarh.
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2 - Digeshwar Nishad S/o Raghunandan Nishad Aged About 21 Years
R/o Village Brahman Lanjhiya, Police Station Ambagarh Chowki, District
Mohla-Manpur-Ambagarh Chowki, Chhattisgarh.
--- Applicant(s)
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station
Ambagarh Chowki, District Mohla-Manpur-Ambagarh Chowki,
Chhattisgarh.
... Non-Applicant(s)
For Applicants : Mr. Punit Ruparel, Advocate.
For Non-applicants/State : Mr. Akash Agrawal, Panel Lawyer.
Hon'ble Shri. Rakesh Mohan Pandey, Judge
Order on Board
16/10/2026
1. Since the abov bail applications are the first bail application of the
respective applicants, arising out of similar incidents registered at
Police Station Ambagarhchowki, District- Mohela-Manpur-
Ambagarhchowki, though under different offences, they are being
heard and decided by this common order.
2. The relevant particulars with respect to each applicant in the bail
applications are as under:
M.Cr.C.No. Name of the
Police
Crime
Offence
Date of
Applicant
Station
Number
under
Arrest
Sections
9338/2026 1. Homlal
174/2025 191(3), 296,
15.09.2026
Ambagarhch
Chandravans
351(2), 61(2)
owki. District
hi.
(a), 103(1),
2. Prashant
and 3(5) of
-Mohela-
Kumar.
BNS.
Manpur-
3
Ambagarhch
owki
8271/2026 1. Mohan
-do- -do- 191(3), 296,
25.10.2025
Nishad.
351(2), 61(2)
2. Digeshwar
(a), 103(1),
Nishad.
115(2) and
3(5) of BNS.
3. The prosecution story, in brief, is that on 22.10.2025, at about
01:30 a.m., during a recording dance competition being organized
at Village Chhachanpahari, co-accused Sunil Sahu, along with
other associates, intercepted the victim Sahil Sahu on the main
road near Balaji Hardware. It is alleged that, in furtherance of their
common intention, the accused persons assaulted the victim with
fists, hands and wooden sticks (lathi-danda) and also abused him
in filthy and obscene language and extended threats to his life. Due
to the assault, the victim sustained serious injuries and was initially
taken to Government Hospital, Ambagarh Chowki, from where he
was referred to a higher medical centre at Rajnandgaon for further
treatment. Subsequently, the victim succumbed to the injuries
during the course of treatment. On being informed about the
incident by eyewitness Temesh @ Chintu Sahu and other persons
present there, the victim's uncle Murari Sahu lodged a report at
Police Station Ambagarh Chowki. On the basis of such complaint,
the FIR for the aforesaid offences was registered against the
applicants and other co-accused persons.
4. Learned counsel appearing for the applicants would submit that the
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principal allegation of assault by means of wooden sticks (lathi-
danda), resulting in the death of the deceased, is specifically
attributed to co-accused Sunil Sahu and Tuleshwar Nishad. It is
further submitted that the alleged motive behind the incident was
the love affair between Kiran Nishad, sister of co-accused
Tuleshwar Nishad and Umesh Sahu, a friend of the deceased Sahil
Sahu. The applicants were allegedly present at the spot but did not
assault the deceased with any weapon, only assaulted by hands
and fists. He would further submit that the charge-sheet has
already been filed before the competent Court and that the
applicants have no criminal antecedents. It is also submitted that
the statements of eyewitnesses, namely, PW-1 Murari Sahu, PW-2
Neturam Sahu, PW-3 Pravesh Kumar Dewangan, PW-4 Pankaj
Kumar Sahu and PW-5 Hemshankar Rajak, have been recorded
during trial and they have attributed the fatal assault by means of
lathi to co-accused Sunil Sahu and another. Learned counsel would
further submit that the applicants have not been attributed any
specific role in inflicting the fatal injuries, nor has any weapon been
recovered from their possession. As the conclusion of the trial is
likely to take some time, the applicants may be released on bail.
5. On the other hand, learned State counsel would oppose the prayer
for grant of bail and submit that the applicants, along with the other
co-accused persons, formed an unlawful assembly and jointly
assaulted the deceased, Sahil Sahu, during the recording dance
competition. It is alleged that the deceased was assaulted with
fists, hands and wooden sticks and was also subjected to filthy
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abuse and threats. The deceased sustained multiple injuries and
succumbed to the same while being taken to the hospital. He would
further submit that the statements of the witnesses recorded during
trial implicate the applicants in the commission of the offence and
that their alleged participation cannot be overlooked merely
because the fatal injuries are attributed to other co-accused
persons. Therefore, the applicants are not entitled to be released
on bail.
6. I have heard learned counsel appearing for the parties and perused
the case diary.
7. From perusal of the FIR, it prima facie appears that the applicants,
along with the other co-accused persons, allegedly formed an
unlawful assembly and assaulted the deceased, Sahil Sahu, who
succumbed to his injuries while being taken to the hospital. As per
the post-mortem report, the deceased sustained multiple injuries on
various parts of his body and the cause of death was opined to be
shock and haemorrhage due to blunt trauma. Further, the
statements of the witnesses, namely, PW-1 Murari Sahu, PW-2
Neturam Sahu, PW-4 Pankaj Kumar Sahu and PW-5 Hemshankar
Rajak, recorded during trial, prima facie indicate the alleged
participation of the applicants in the assault upon the deceased. At
this stage, the submission that the fatal injuries were allegedly
inflicted by other co-accused persons and that no weapon has
been recovered from the applicants cannot, by itself, be a sufficient
ground to enlarge them on bail, particularly when the allegations
indicate their participation in the incident which resulted in the
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death of the deceased.
8. Having considered the facts and circumstances of the case, nature
and gravity of the offence, the manner in which the incident
allegedly occurred, the role attributed to the applicants and the
medical evidence available on record, this Court is not inclined to
grant bail to the applicants.
9. Accordingly, the bail applications are rejected .
S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal
S/-