Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45042
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6782 of 2025 1 - Smt. Tarini Sahu W/o Khuman Sahu Aged About 25 Years R/o Village Madeli, Chowki Birejhar, P.S. Kurud, District - Dhamtari (C.G.)
... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Chowki Birejhar P.S. Kurud, District- Dhamtari (C.G.)
... Respondent For Applicant : Mr. Prasoon Agrawal, 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 second 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.85/2025 registered at Chowki Birejhar, P.S. Kurud, District Dhamtari (CG) for the offence punishable under Sections 296, 115(2), 351(2), 191(2), 191(3), 103(1) of BNS, 2023. Digitally signed by BHOLA NATH KHATAI Date: 2025.09.04 14:36:44 +0530
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2. As per the prosecution case, on 15-03-2025, the complainant Dhaneshwar Sahu along with his friends Gajendra Sahu, Devendra Sahu and Dummu Yadav went for a ride on Gajendra's motorcycle towards Bhathapara Madeli, where accused Chetan Sahu was sitting with his friends. There was a quarrel between Gajendra and Chetan over some trivial matter, due to which Chetan Sahu and his family members including the present applicant started abusing the complainant with obscene words and assaulted him with hands, fists and sticks. When his friend Gajendra Sahu came to intervene, accused Chetan Sahu assaulted him with a wooden plank on his head as a result of which he died. On the report of the complainant at Police Outpost Birejhar, Police Station Kurud, offence under the aforesaid sections has been registered against the applicant and five others. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the main allegation is against accused Chetan and there is no allegation of the applicant assaulting the injured or the deceased. The applicant is a lady and she has a child of about 5-6 years. He further submits that there are total 23 witnesses out of which only 4 witnesses have been examined till date, the applicant is in jail since 18.03.2025 and there is no likelihood of the trial to be concluded at the earliest.
3 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 a named FIR has been lodged without any delay and 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 nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail. 7. Accordingly, the present bail application stands rejected. 8. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai