Chhattisgarh HC Denies Bail To Man Accused Of Taking Part In Fatal Family Land-Dispute Assault, Citing His Distinct Role

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 208/2025, registered for offences under Sections 191(2), 191(3), 109(1), 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that, during a dispute over ancestral property, the applicant and others assaulted the complainant’s family with deadly weapons; Naresh Kurre later died from his injuries, and other family members were injured.

The applicant relied on, among other matters, his own injuries, the counter-case, parity with co-accused granted bail, custody since 5 June 2025, and the expected duration of trial.

The State and objector opposed bail, citing the specific role attributed to him.

At the time of consideration, nine of 37 prosecution witnesses had been examined.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was the statutory basis for the application for regular bail.

In deciding the application, the Court considered the nature and gravity of the alleged offences, the specific role attributed to the applicant, parity with co-accused, the period of custody, and the progress of the trial.

The order cites no precedent or separate substantive rule governing bail.

The Court found that the applicant was alleged to have actively participated with co-accused in an assault on the deceased using deadly weapons, and treated his attributed role as distinguishable from that of the co-accused who had been granted bail; parity therefore did not assist him.

Although the Court noted the counter-case and the applicant’s custody since 5 June 2025, it also noted that nine witnesses, including eyewitnesses, had already been examined.

It declined to assess the credibility of the evidence at the bail stage and concluded that the specific allegations and overall circumstances did not justify release.