1 2025:CGHC:61047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8408 of 2025 1. Durgesh Sahu S/o Tularam Sahu Aged About 23 Years R/o Village Bhainsmundi (Magarlod) P.S. Magarlod, District - Dhamtarai (C.G.) 2. Ravi Sahu S/o Gautam Sahu Aged About 27 Years R/o Village Bhainsmundi (Magarlod) P.S. Magarlod, District - Dhamtarai (C.G.) 3. Nemichand Nagarchi S/o Shyamlal Nagarchi Aged About 24 Years R/o Village Bhainsmundi (Magarlod) P.S. Magarlod, District - Dhamtarai (C.G.) 4. Chatrapal Sahu S/o Channulal Sahu Aged About 32 Years R/o Village Bhainsmundi (Magarlod) P.S. Magarlod, District - Dhamtarai (C.G.) 5. Vishwajeet Sahu S/o Dihuram Sahu Aged About 28 Years R/o Village Bhainsmundi (Magarlod) P.S. Magarlod, District - Dhamtarai (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House Officer, P.S. Magarlod, District- Dhamtari (C.G.) ... Non-Applicant For Applicants : Ms. Aditi Singhvi, Advocate. For Non-Applicant/State : Mr. Swajeet Singh Ubjea, Panel Lawyer. For Complainant : Mr. Nitesh Sahu, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.12 .202 5 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 149/2025, registered at Police Station – Magarlod, District- Dhamtari (C.G.) for the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.16 18:02:01 +0530 2 offence punishable under Sections 108, 191(2) and 331(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, on 03.10.2025 at about 9:00 PM, the applicants, along with other persons, abused and assaulted the deceased, Lateef Khan, in front of his house. Thereafter, the family members of the deceased intervened in the matter and, in order to save Lateef Khan, locked him in a room. Subsequently, the accused persons started shouting and demanded that he be brought out of the room, as a result of which Lateef Khan committed suicide by hanging. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. She further submits that a quarrel took place between the applicants and the deceased. It is stated that the applicants entered the house of the deceased, and thereafter a scuffle took place, following which the deceased committed suicide. The cause of death is asphyxia as a result of ante-mortem hanging. There is no suicide note or dying declaration. It is further submitted that the applicants have no previous criminal antecedents, the applicants have been in jail since 06.10.2025. As the trial is likely to take a considerable length of time to conclude, she prays for grant of bail. 4. On the other hand, the learned State counsel as well as the learned counsel for the complainant opposes the bail application of the applicant and submits that as per the case diary, it transpires that apart from the present applicants/accused persons, the involvement of other persons in the incident, who also had a dispute with and assaulted the deceased, therefore the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the cause of death is asphyxia as a result of ante-mortem hanging, further considering the fact that there is no suicide note or dying declaration, the applicants have no previous criminal antecedents and they are in jail since 06.10.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let applicant Nos.1, 2, 3, 4 and 5 - Durgesh Sahu, Ravi Sahu, Nemichand Nagarchi, Chatrapal Sahu and Vishwajeet Sahu, involved in Crime No. 149/2025, registered at Police Station – Magarlod, District- Dhamtari (C.G.) for the offence punishable under Sections 108, 191(2) and 331(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each 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 4 during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 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. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 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 Preeti