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2025 DAILYLAW 39815 (CHH)

FEKU LAL SAHIS v. STATE OF CHHATTISGARH

MCRC/6517/2025 · 2025-09-02

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6517 of 2025 1 - Feku Lal Sahis S/o Phiran Lal Sahis Aged About 62 Years R/o P.S.- Akaltara, Dist- Janjgir Champa Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. - Akaltara District Janjgir-Champa, Chhattisgarh. ... Respondent For Applicant : Mr. Ravi Kumar Kashyap, Advocate For Respondent : Mr. H. A. P. S. Bhatia, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 03.09.2025 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.600/2024 registered at Police Station Akaltara, District Janjgir-Champa (CG) for the offence punishable under Sections 103(1), 103(2), 332(A), 3(5) of BNS. 2. As per the prosecution case, the deceased, Suraj Patel, while intoxicated, allegedly threw his two-year-old daughter on the Digitally signed by BHOLA NATH KHATAI Date: 2025.09.04 12:51:10 +0530 2 ground and abused his mother. When the applicant and co- accused intervened to stop the deceased from abusing and beating his daughter, the deceased started abusing them, upon which, it is alleged that the applicant and co-accused assaulted the deceased with hands, fists, slippers and sticks, which resulted in his death. 3. Learned counsel appearing for the applicant submits that actually there are total 20 witnesses, out of which 13 witnesses have been examined till date. The eye-witness Priyanka Patel has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. Though the slippers and belt have been seized from the applicant, the same have not been sent for chemical examination. Co-accused Lakshman Singh Sidar has already been granted bail by this Court vide order dated 21.07.2025 in MCRC No.5134/2025 and the allegation against the applicant is not different from the allegation against the co- accused. The applicant is in jail since 10.12.2024 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts the applicant may be released on bail. 4. Learned State counsel, on the other hand, opposing the bail application submits that considering the nature of offence, the applicant does not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the eye witness has turned hostile, 3 the articles seized from the applicant have not been sent for chemical examination, co-accused Lakshman Singh Sidar has already been granted bail by this Court and the allegation against the applicant is not different from that of the co-accused and also considering the fact that the applicant is in jail since 10.12.2024 and there is all possibility of the trial taking sometime for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 7. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE