1 2025:CGHC:58584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9831 of 2025 Rekh Ram Sahu S/o Late Khedu Ram Sahu Aged About 54 Years R/o Village Kandul, P.S. Arjunda, District Balod (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Arjunda, District – Balod (C.G.) …. Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.12.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 129/2025 registered at Police Station – Arjunda, District – Balod (C.G.) for the offence punishable under Sections 105 of BNS and Section 12 of Chhattisgarh Clinical Establishments (Registration and Regulation) Act, 2010 and Section 24 of Medical Council Act 1987.. 2. Case of the prosecution, in brief, is that Subhash Kumar Janbandhu was suffering with pain & bleeding of decease Piles, since last 15 years and ultimately he was taken to applicants for treatment. On 08-05-2025 Subhash was treated with betadine ointment and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Subhash was left the clinic, but on 09-05-2025 he was admitted to Govt. Hospital Anbagarh Chowki, where has treated, and refer to Rajnanadgaon District hospital, there also he was treated but there was no improvement thus finally Subhash was referred & admitted to Shankracharya Hospital Junwani Bhilai, where Subhash was under go with Colectomy Surgery for Perineal Rectal Ichiretal Fossa Nerosis & doctors have seal his rectum & create another space for release stool from stomach reason. During that surgery he wouldn't survive & under serious condition he was taken under Ventilator, & ultimately passed away on 11-05-2025 during the course of treatment due to Septicemia. Hence, this application. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is submitted that the applicant is in jail since 18.09.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the deceased Subhash Kumar Janbandhu had been suffering from piles for nearly fifteen years and was taken to the applicant for treatment. It is alleged that the applicant, without possessing requisite medical qualifications and without adopting any standard or safe medical procedure, treated the deceased on 08-05-2025 with betadine ointment and sent him home. However, due to the negligent, unscientific and improper treatment administered by the applicant, the condition of Subhash deteriorated rapidly. On the very next day, i.e., 09-05-2025, he had 3 to be admitted to Government Hospital Ambagarh Chowki, from where he was referred to Rajnandgaon District Hospital and thereafter to Shankracharya Hospital, Junwani Bhilai, owing to his worsening condition. At Shankracharya Hospital, he had to undergo a colectomy surgery for Perineal Rectal Ischiorectal Fossa Necrosis, and his rectum had to be sealed with an alternative passage created for stool discharge. Despite intensive treatment and ventilator support, he succumbed to septicemia on 11-05-2025. The prosecution asserts that the facts clearly indicate gross negligence, reckless treatment and conduct of the applicant which directly contributed to the fatal consequences. Given the seriousness of the allegations, the gravity of the offence, and the direct causal link between the applicant’s negligent act and the death of the injured. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, it is evident that the applicant’s conduct amounts to prima facie gross medical negligence resulting in fatal consequences. The deceased, who initially approached the applicant for treatment of piles, was allegedly subjected to unscientific, unsafe and unqualified medical intervention, leading to rapid deterioration of his condition within a day. The subsequent chain of hospital admissions, the diagnosis of severe Perineal Rectal Ischiorectal Fossa Necrosis, the need for emergency colectomy, and the ultimate death due to septicemia on 11-05-2025 collectively establish a clear causal link between the 4 applicant’s negligent act and the deceased’s demise, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Rekh Ram Sahu involved in Crime No. 129/2025 registered at Police Station – Arjunda, District – Balod (C.G.) for the offence punishable under Sections 105 of BNS and Section 12 of Chhattisgarh Clinical Establishments (Registration and Regulation) Act, 2010 and Section 24 of Medical Council Act 1987, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar