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2025 DAILYLAW 55881 (CHH)

LOKNATH @ PINTU SAHU v. STATE OF CHHATTISGARH

MCRC/7788/2025 · 2025-11-03

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Judgment text

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1 2025:CGHC:53942 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7788 of 2025 Loknath @ Pintu Sahu S/o Pardeshi Sahu Aged About 38 Years R/o Near UCO Bank Painter Chowk, P.S. Kasdol, Distt.- Balodabazar- Bhatapara, (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Kasdol, District- Balodabazar- Bhatapara, (C.G.) ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.508/2025 registered at Police Station Kasdol, District Balodabazaar-Bhatapara (C.G.) for the offence punishable under Section 108 of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.06 19:27:45 +0530 2 2. Case of the prosecution, in brief, is that on 19.07.2025 one Deepak Kumar Sahu (deceased) renounced the world by way of hanging himself, the deceased body was found hanging along the branch of a babool tree. Furthermore a suicide note was found in which the deceased held the applicant responsible for abetment. Hence the FIR. 3. Learned counsel for the applicant submitted that the applicant and the deceased were working together and the deceased committed suicide and the cause of death is asphyxia because of antemortem hanging. He would submit that as per the suicide note the applicant has been held to be responsible for his suicide. He would further submit that the charge sheet has been filed in this case, the applicant is in jail since 28/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, considering the period of detention of the applicant since 28/07/2025, charge sheet has been filed, without commenting anything on the merits of the case and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the 3 Applicant- Loknath @ Pintu Sahu, involved in Crime No.508/2025 registered at Police Station Kasdol, District Balodabazaar-Bhatapara (C.G.) for the offence punishable under Section 108 of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant 4 is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri