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2026 DAILYLAW 12671 (CHH)

GANESHU SAHU v. STATE OF CHHATTISGARH

MCRC/3537/2026 · 2026-04-19

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:17719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3537 of 2026 Ganeshu Sahu S/o Tijauram Sahu Aged About 38 Years R/o Village Gidhwa, Thana - Nandghat, Distt. - Bemetara Chhattisgarh … Applicant versus State Of Chhattisgarh Through SHO, Thana Nandghat, Distt. Bemetara Chhattisgarh ... Respondent For Applicant : Mr. Samir Singh, Advocate For Respondent-State : Mr. Hariom Rai, Panel lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 20.04.2026 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 25/2025 registered at Police Station – Nandghat, District- Bemetara, (C.G.) for offence punishable under Section 296, 351(3), 115(2), 109(1), 333, 103(1) and 3(5) of Bharatiya Nyaya Sanhita. 2. Case of prosecution in brief is that on 12.03.2025 at about 8 am Nilcharan Sahu while going to attend nature’s call was abused in filthy language by applicant. Nilcharan Sahu thereafter, came to his house 2 and his brother Nilesh Sahu gave a phone call to his father upon which Mohitram came to the house and started talking with his family members at Kothar, that point of time applicant armed with club entered into their Kothar premises stated abusing and thereafter, started assaulting Mohitram by means of club. When Nilcharan came to intervene he was also assaulted by means of club. In the assault Mohitram suffered grievous injuries and succumbed to head injury during course of his treatment on 19.03.2025. Based upon which aforementioned crime was registered and applicant was arrested on 20.03.2025. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any offence as alleged. He further submits that according to complainant applicant along with other co-accused persons have assaulted Mohit Sahu who suffered grievous injuries over his person and died during course of treatment in hospital on 19.03.2025. He submits that there is no direct evidence against the present applicant. He is in jail since more than one year. There was a counter case registered against the other party, hence applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for applicant and would submit that from material available in the case diary and charge-sheet it is apparent that firstly accused Nilcharan came to premises and started assaulting by means of club in which Mohitram died due to head injuries. He further submits that there are specific allegation of applicant participating in the assault. 3 5. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 6. Considering the facts and circumstances of the case, nature of allegations as also the submission made by learned counsel for the State based on the documents(deposition sheet of PW-2, PW-3 and PW-5) and further considering that bail of two accused persons namely Maniram Sahu and Bhagchand Sahu has been dismissed vide MCRC No. 9690 of 2025 order dated 28.11.2025 , I do not find present to be a fit case to allow the application, accordingly, application is dismissed. 7. Considering the period of detention on the applicant as also that out of total 22 witnesses stated by counsel for the applicant only 09 have been examined till 07.03.2026. Learned trial Court is directed to expedite the trial and take all necessary steps as provided under BNSS to cause presence of prosecution witnesses for early conclusion of the trial. Certified copy as per rules. sd/- (Parth Prateem Sahu) alfiza JUDGE ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.04.22 14:34:19 +0530