1 2025:CGHC:18900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3198 of 2025 Barati Sahu S/o Aatmaram Sahu Aged About 37 Years R/o Village - Lalpur (Hardi), P S Nawagarh, Tahsil - Nawagarh, District - Bemetra, Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Nawagarh, District Bemetra, Chhattisgarh ... Non-applicant For Applicant : Ms. Madhunisha Singh, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 25.04.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.290/2024, registered at Police Station – Nawagarh, District - Bemetra (C.G.) for the offence punishable under Section 109 of Indian Penal Code. 2 The case of the prosecution, in brief, is that the complainant, a daily wage labourer, reported that he and his two brothers, Ajay Sahu and Barati Sahu, had divided their land. However, Barati Sahu had sold his PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.28 10:43:15 +0530 2 share and continued to quarrel with the complainant, threatening to divide his land again. On 2.10.2024, at around 8:00 AM, the complainant and his wife, Nandani Sahu, were preparing a sand-cement mixture for brickwork near their house. Barati Sahu arrived with a stick and, due to the ongoing land dispute, assaulted Nandani Sahu with the stick, hitting her 4-5 times on the head and body with the intention of killing her. When the stick broke, he used an iron shovel to inflict fatal injuries on her head and body. The complainant’s wife sustained deep injuries and was admitted to the Government Hospital Navagarh for treatment. Based on the complainant’s oral report, a case was registered against the accused under Crime number 290/2024 at Navagarh Police Station, District – Bemetara. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submitted that the present applicant has absolutely no role in the present crime and, she was neither part of the alleged incident nor was he present anywhere near the alleged site of incident. He further submits that the victim Nandini was preparing masala for house building and during this she slipped and fell and injured her head. She also submits that the applicant has no previous criminal antecedents. The charge- sheet has been filed in this case and the applicant is in jail since 03.10.2024 ( as per charge-sheet) and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that the applicant is said to have assaulted the injured with stick on his head, on account of which she suffered fracture on his 3 parietal bone which were found to be grievous in nature. Therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is said to have assaulted the injured with stick on his head, on account of which she suffered fracture on his parietal bone which were found to be grievous in nature, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Barati Sahu involved in Crime No.290/2024, registered at Police Station – Nawagarh, District - Bemetra (C.G.) for the offence punishable under Section 109 of Indian Penal Code, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti