Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36601
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5485 of 2025 Santosh Sahu @ Bugul S/o Ramsajivan Sahu, Aged About 26 Years R/o Village- Kadaudi, P.S.- Jaitpur, District Shahdol (M.P.) ... Applicant versus State of Chhattisgarh through Station House Officer, Police Station Udaipur, District Surguja (Chhattisgarh) ... Respondent For the Petitioner : Mr. Sachin Nidhi, Advocate For the Respondent : Mr. Vivek Sharma, Panel Lawyer
(Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 28/07/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.162/2024 registered at Police Station Udaipur, District Surguja (CG) for the offences under Sections 103(1) of BNS 2023.
2. The prosecution story in brief is that on 20.07.2024 a dispute regarding payment of money took place between the present applicant and deceased which ultimately turned into quarrel between the A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.29 14:04:41 +0530
2 parties in which the applicant in collusion with co-accused Janu Baiga has assaulted the deceased Rajesh by hitting him with a lathi and fists, due to which, deceased died.
3.
Learned counsel for the applicant submits that no seizure was made from the present applicant and the lathi (Danda) was seized from the spot and there is no evidence against him to connect him with the crime in question. He submits that P.W.4 Gedaram has stated that he has not seen the incident. He further submits that the eye-witness Ram Bharose (P.W.3) has stated nothing against the applicant and it is the co-accused Janu Baiga who assaulted deceased Rajesh with stick, due to which, Rajesh became unconscious and the applicant Santosh sprinkled water on Rajesh and then he woke up and thereafter applicant took the deceased to Hospital. Except PW-3 & PW-4, there are no other eye-witnesses to the incident. He further submits that the applicant is in custody since 23.07.2024 and till date out of 22 witnesses, only 4 have been examined. and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application. However, he do not dispute the fact that no criminal antecedents are reported against him.
5. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, without observing anything on merits of the case, I am inclined to release the applicant on regular bail at this stage.
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6. Accordingly the bail application is allowed and the applicant is
directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court on each and every date of hearing as and when directed. CC as per rules. Sd/-
(Sanjay Kumar Jaiswal) Judge Rao