Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22748
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3579 of 2025 • Basant Sahu S/o Ledga Ram Sahu Aged About 58 Years R/o Villlage - Karelibadi, Outpost - Karelibadi, Police Station - Magarlod, District - Dhamtari (C.G.)
... Applicant versus • State Of Chhattisgarh Through - The Station House Officer, Police Of Outpost - Karelibadi, Police Station - Magarlod, District - Dhamtari (C.G.)
... Respondent For Applicant : Mr. Anil Gulati, Advocate. For State/Respondent(s) : Mr. Vivek Sharma, Addl. A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board 09/06/2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 09/2025 registered at Police Station Magarlod, District Dhamtari (C.G.), for the offence punishable under Sections 115(2), 296, 351(2), 109, 103 and 332(A) of BNS. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.10 17:19:17 +0530
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2. Case of the prosecution, in brief, is that, an FIR was lodged by Bisu Ram Sahu against the applicant and Giteswar Sahu. The FIR alleges that on 20.01.2025, at about 09.00 AM, Purushottam Sahu received a phone call informing him that his daughter Khemin Sahu had been assaulted by her father-in-law and brother-in-law. Subsequently, she was hospitalized and later died on 25.01.2025. The police registered a case against the applicant and other accused persons.
3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He further submits that the applicant was only present at the time of incident, and there is no allegation leveled against the applicant. He further submits that as per memorandum statement of Giteshwar Sahu, there is no involvement of the applicant for the commission of alleged offences. It is further submitted that the applicant has no criminal antecedent and he is in jail since 27.01.2025 and there is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail.
4. On the other hand, learned State counsel would oppose the
submissions made by learned counsel for the applicant and would submit that the applicant is also involved in the dispute and till date charge has not been framed against him, therefore, at this stage, he may not be enlarged on bail.
5. I have heard learned counsel appearing for the parties and perused the case diary.
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6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further taking into account that this is the case of eye witness and the charge has not been framed against him till date. At this stage, I am not inclined to release the applicant on bail.
7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected.
Sd/-
(Sanjay Kumar Jaiswal)
Judge Sourabh P.