Ravi Malha @ Monti vs State Of Chhattisgarh on 2 April, 2026

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    Chattisgarh High Court

    Ravi Malha @ Monti vs State Of Chhattisgarh on 2 April, 2026

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                                                                             2026:CGHC:15436
    
                                                                                            NAFR
    
                            HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                           MCRC No. 2330 of 2026
    
                 1 - Ravi Malha @ Monti S/o Raju Malha Aged About 21 Years R/o Shankar
                 Ward Malha Para Mungeli, District - Mungeli, Chhattisgarh.
    
    
                 2 - Ramesh Malha @ Gabbar S/o Raju Malha Aged About 21 Years R/o
                 Shankar Ward Malha Para Mungeli, District - Mungeli, Chhattisgarh.
                                                                                      ... Applicants
                                                      versus
    
                 State Of Chhattisgarh Through - Ps Simga, Distt - Balodabazar-Bhatapara,
                 Chhattisgarh.
    
                                                                                     ... Respondent

    For Applicants : Mr. Dushyant Dayal, Advocate

    For Respondent/State : Mr. Vinod Kumar Tekam, Govt. Advocate

    SPONSORED

    MCRC No. 2677 of 2026

    Dilip @ Rahul Kurrey S/o Shri Shyamlal Kurrey Aged About 37 Years R/o
    Vinoba Nagar, Mungeli District- Mungeli (Chhattisgarh)
    … Applicant

    versus

    State Of Chhattisgarh Through Police Station Simga District- Baloda
    Bazaar, Bhatapara (Chhattisgarh)
    VED
    … Respondent
    PRAKASH
    DEWANGAN

    Digitally
    (Cause title taken from Case Information System)
    signed by
    VED
    PRAKASH
    DEWANGAN
    Date:

    2026.04.07
    10:52:36
    +0530
    2

    For Applicant : Mr. Siddhant Tiwari, Advocate

    For Respondent/State : Mr. Vinod Kumar Tekam, Govt. Advocate

    Hon’ble Shri Justice Ravindra Kumar Agrawal

    Order on Board

    02/04/2026

    1. These two bail applications are arising out of same crime number,

    therefore, they are being heard and decided together. These are first

    bail applications of the present applicants.

    2. The applicants- Ravi Malha @ Monti and Ramesh Malha @ Gabbar

    (MCRC No. 2330 of 2026) have been arrested on 24.06.2025, in

    connection with Crime No. 184 of 2024, registered at Police Station

    Simga, District Baloda Bazar-Bhatapara, for the offence under

    Sections 302, 307, 427, 294, 506, 323, 147, 149, 452, 458, 459, 460

    of the IPC are claiming regular bail.

    3. The applicant- Dilip @ Rahul Kurre (MCRC No. 2677 of 2026) has

    been arrested on 03.06.2024, in connection with Crime No. 184 of

    2024, registered at Police Station Simga, District Baloda Bazar-

    Bhatapara, for the offence under Sections 302, 307, 427, 294, 506,

    323, 147, 149, 452, 458, 459, 460 of the IPC is claiming regular bail.

    4. The case of the prosecution in brief is that, on 03.06.2024, the police

    of Police Station Simga received an information that on 02.06.2024,

    there was an incident of marpeet and the injured Nand Kumar Patre

    has died and two other persons have seriously injured. On the report

    of the complainant Bharti Patre, the FIR has been registered against
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    Dilip Kurre, Mukesh Kumar Bandhe, Dinesh Bandhe, Laxmi Bandhe,

    Tilak Bandhe, Ankur Soni and 8-10 other persons. During the

    investigation, blood-stained clothes and danda have been seized

    from the accused persons and they have been arrested. After

    completion of the investigation, initially charge sheet was filed

    against 8 accused persons including the present applicant Dilip @

    Rahul Kurre. Thereafter the other accused persons including the

    applicants Ravi Malha @ Monti and Ramesh Malha @ Gabbar have

    been arrested and supplementary charge sheet has been filed.

    5. Learned counsel appearing for the applicants Ravi Malha @ Monti

    and Ramesh Malha @ Gabbar (MCRC No. 2330 of 2026) would

    submit that the present applicants have been falsely implicated in the

    offence only for the reason that, by their bullet motorcycle the other

    co-accused persons had gone to the place of incident. They have not

    been named in the FIR and only in the memorandum statement of

    co-accused Jisan Khan the name of present applicants have been

    disclosed. There is no other incriminating evidence against them to

    connect with the alleged offence. He would also submit that

    Mohammed Jisan Khan has been granted bail by the Hon’ble

    Supreme Court in SLP (Crl) No. 13799 of 2025, vide order dated

    07.11.2025 and his case is similar to the case of the present

    applicants and they are also entitled for bail on the ground of parity.

    He would also submit that, the applicants are in jail since 24.06.2025,

    the trial of the case is not in considerable progress, therefore, they

    may also be enlarged on bail.

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    6. Learned counsel appearing for the applicant Dilip @ Rahul Kurre

    (MCRC No. 2677 of 2026) would submit that the applicant has been

    falsely implicated in the offence. The wife of the applicant was

    subjected to kidnapping by the deceased, however they could save

    her. The statement of wife of the applicant has been recorded under

    Section 164 of CrPC, in which she disclosed the entire incident

    committed by the deceased with her. On that issue, there was a quarrel

    between these two families. It has not come in the statement of the

    witnesses that who have assaulted the deceased. He would also submit

    that the applicant is in jail since 03.06.2024, final adjudication of the case

    will take its own time, the other two accused persons Mohammad Jisan

    Khan and Syed Asad have been released on bail by the Hon’ble

    Supreme Court in SLP (Crl) No. 13799 of 2025, order dated 07.11.2025

    and SLP (Crl) No. 1371 of 2026, order dated 06.02.2026, therefore, the

    applicant may also be released on bail.

    7. On the other hand, learned counsel appearing for the State has

    objected the bail applications and submitted that the applicant Dilip

    @ Rahul Kurre has been named in the FIR and there is specific

    allegation against him in the FIR that at the place of incident he along

    with other named accused persons armed with lathi, danda were

    present and assaulting the deceased Nand Kumar Patre. When the

    other family members tried to intervene, the present applicant Dilip

    Kurre abused them and assaulted them also on their head. The FIR

    was lodged by Bharti Patre, who is the sister-in-law of the deceased

    and eyewitness to the incident. He is the person whose wife Sukriti

    Kurre was allegedly being kidnapped by the deceased Nand Kumar
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    Kurre and then incident occurred. From the statement of injured

    Goverdhan Patre and Anita Patre, the presence of the present

    applicant and assault made by him is clearly revealed. From the

    statement of other witnesses, Tuleshwar Sahu, Manharan Nirmalkar

    the involvement of the applicant has been disclosed by them. From

    the accused Dilip Kurre. Blood-stained shirt and pant, wooden plank

    and one swift car and one mobile phone has been seized. From the

    memorandum statements of other co-accused persons, it has come

    that other accused persons came on the spot through the said swift

    car. He would further submit that the applicant Dilip Kurre is having

    criminal antecedents of two cases under the Public Gambling Act,

    1867 and one case under the IPC and ST/SC (Prevention of

    Atrocities) Act. He would further submit that from the memorandum

    statements of co-accused Jisan Khan, Saddam Khan and Pawan

    Singh Bhadauriya, the name of present applicants Ravi Malha @

    Monti and Ramesh Malha @ Gabbar came on record and allegation

    of assault is also their against them. Both these applicants were

    absconding for a considerable period and subsequently they have

    been arrested. The present applicants Ravi Malha @ Monti and

    Ramesh Malha @ Gabbar were put to identification parade on

    08.07.2025 conducted by the Nayab Tahsildar, Simga and the

    witnesses have duly identified them. From the memorandum

    statement of Ramesh Malha @ Gabbar, his bullet motorcycle has

    been seized and from the accused Ravi Malha, one mobile phone

    has been seized. He would further submit that the case of the

    present applicants are distinguishable with the case of Mohammad
    6

    Jisan and Syed Asad. The Hon’ble Supreme Court granted bail to

    Mohammad Jisan on the ground that he was not put to test

    identification parade, whereas the present applicants are either

    named in the FIR or put to test identification parade and identified by

    the witnesses. It is also submitted by him that looking to the gravity of

    the offence and manner, in which they committed the offence, the

    applicants are not entitled for bail. It is also submitted that the bail

    application of other co-accused persons namely Ankur Soni (MCRC

    No. 6433 of 2025), Mukesh Bandhe (MCRC No. 6479 of 2025),

    Pawan Singh Bhadauriya and Mohammad Faijan Manihar (MCRC

    No. 9239 of 2025) have been rejected by this Court. Therefore, the

    applicants are not entitled for bail.

    8. I have heard the learned counsel for the parties and perused the

    case diary.

    9. Considering the rival submissions made by the respective parties, the

    statement of injured witnesses and other witnesses, the manner in

    which the alleged offence is committed by the accused persons,

    nature of injuries and the active participation of the accused persons,

    with the identification of the accused persons in TIP, initially the

    accused persons Ravi Malha @ Monti and Ramesh Malha @

    Gabbar were absconding and arrested after about one year and also

    their involvement in the alleged offence, I am not inclined to release

    them on bail. Their case is distinguishable with the case of

    Mohammad Jisan Khan and Syed Asad, as there was no TIP against

    Mohammad Jisan Khan and therefore, he was granted bail by the
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    Hon’ble Supreme Court and on the ground that co-accused has been

    granted bail and Syed Asad is also in jail since 30.06.2025, the

    Hon’ble Supreme Court has granted bail to him also. However,

    against the present applicants there are sufficient evidence available

    in the charge sheet, the applicant Dilip Kurre is named in the FIR and

    the main assailants to the deceased and other injured persons and

    the applicants Ravi Malha @ Monti and Ramesh Malha @ Gabbar

    were identified by the witnesses in TIP. Thus, the case of the present

    applicants are distinguishable.

    10. Accordingly, both these bail applications of applicants namely Ravi

    Malha @ Monti and Ramesh Malha @ Gabbar (in MCRC No. 2330

    of 2026) and Dilip @ Rahul Kurre (in MCRC No. 2677 of 2026) are

    hereby dismissed.

    Sd/-

    (Ravindra Kumar Agrawal)
    Judge
    ved



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