Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31025
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4762 of 2025 1 - Domar Sahu @ Gopi S/o Girdhari Sahu, Aged About 30 Years, (Wrongly Mention As Ruha), Police Station, Dhamdha, District Durg (C.G.).
... Applicant versus 1 - State Of Chhattisgarh Through Police Station Dhamdha, District Durg (C.G.).
... Respondent For Applicant : Mr. Rudra Pratap Dubey, Advocate. For Respondent/State : Ms. Sunita Manikpuri, Dy.G.A. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 07 / 07 / 2025
1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 132/2024 registered at Police Station – Dhamdha, District – Durg (C.G.) for the offence punishable under Section 103(1) of BNS, 2023. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.08 10:21:17 +0530
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2. The case of the prosecution is that, the applicant/accused, Domar Sahu, allegedly assaulted the deceased, Fattelal Sahu (the grandfather), with a stick and caused his death by pressing his chest and neck with the stick, thereby committing the offence. Based on this allegation, an offence has been registered against the applicant.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submits that the applicant has no criminal antecedents and has been in jail since 09.08.2024, out of 27 witnesses, 12 have turned hostile during examination. 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 counsel for the State opposed the bail application, submitting that there is an eyewitness, Manisha Sahu, wife of the accused, who has categorically stated that the applicant assaulted the deceased by pressing his neck and beating him with a stick. It is further submitted that only 12 witnesses have been examined so far, and several important witnesses remain to be examined. Therefore, at this stage, the applicant may not be released on bail.
5. I have heard learned counsel 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 considering the fact that out of 27 witnesses only 12 witnesses have been examined and some important witnesses are still remaining for examination, 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. However, concerned trial Court is
directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible.
8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal)
Judge Sourabh P.