1 2025:CGHC:30471 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5182 of 2025 Lukesh Sahu S/o Najru Sahu Aged About 29 Years R/o Village Chimagondi Police Station and Tehsil Kawardham District- Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Sahaspur Lohara, District - Kabirdham (C.G.) ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Hemant Kumar Agrawal, Advocate For State-Responden t : Mr. Satish Gupta, GA ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 04/07/2025 1. The applicant has been preferred this second bail application. The first bail application has been dismissed as withdrawn by vide order dated 15.01.2025 in MCRC No.9084/2024. The present VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.04 17:21:15 +0530 2 second bail application has been filed under Section 483 of the BNSS for grant of regular bail as he is arrested in connection with Crime No.234/2024 registered at Police Station Sahaspur, Lohara, District Kabirdham (C.G.), for the offence punishable under Sections 103(1), 61(2)A & 238-B of the BNS. 2. Case of the prosecution, in brief, is that an FIR was lodged by Manoj Sahu on 10.08.2024. The story unfolds with Gwalinbai, his sister, who had married and moved to the village of Chimagondi to the house of applicant. Gwalinbai had three children with Lukesh: two daughters and one son, all residing in Kabirdham (Kawardha), Chhattisgarh. The applicant, Lukesh Sahu, had left Gwalinbai three years ago due to character suspicions. Since then, Gwalinbai had been living with her three children at the home of her parents in Kalyanpur. During this time, Gwalinbai moved in with one Rajaram (other co-accused) in village Chimagondi, where Rajaram housed her in a rented accommodation on Ghotia Road, Kawardha. Gwalinbai had filed an application in Kawardha Court for maintenance for herself and her children, resulting in an order for Lukesh to pay ₹4,500 per month for the three children's expenses. Lukesh was regularly depositing this amount in court. On July 18, 2024, Gwalinbai went to Kawardha to collect the maintenance money using her scooter (registration number CG 09 JQ 9044) but did not return home. Consequently, her father filed a 3 missing person report at Sahaspur Police Station on July 22, 2024. Following an investigation, Gwalinbai's body was exhumed and identified. The investigation allegedly revealed that the accused Lukesh Sahu and Rajaram Sahu were involved in her murder. The Charge sheet has been filed under the same sections and trial is going on before the trial Court below. 3. Learned counsel for the applicant contended that, the applicant is innocent and falsely implicated in the instant case. He further contended that earlier father of the applicant namely Najru Sahu's abdominal was operated, now he is again suffering severe abdominal pain, hernia & kidney problem, treating doctor advice to the father of the applicant, that he should get his operation done as soon as possible. At this juncture mention that mother of the applicant was died before 6 to 7 years. Therefore, also in light of the medical conditions of the Applicant's father this second bail application is filed before this Court. On this ground, the applicant may be released on bail at least 15 days so that his father’s operation be done. 4. Learned State Counsel opposes the submissions made by learned counsel for the applicant and submit that the act committed by the applicant is in serious in nature. 5. I have heard learned counsel for the parties and perused the case 4 diary. 6. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that the case of the present applicant is not separate and different from the case of the accused Rajaram. Looking to the facts and circumstances of the case and gravity of offence, this Court is of the opinion that is not a fit case to enlarge the applicant on regular or temporary bail. 7. Accordingly, the bail application of the applicant filed under Section 483 of the BNSS, involved in Crime No.234/2024 registered at Police Station Sahaspur, Lohara, District Kabirdham (C.G.), for the offence punishable under Sections 103(1), 61(2)A & 238-B of the BNS, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant