Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 15990 (CHH)

SHESHNARAYAN SAHU v. STATE OF CHHATTISGARH

MCRC/980/2026 · 2026-01-28

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:4941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 980 of 2026 Sheshnarayan Sahu S/o Devendra Kumar Sahu Aged About 18 Years R/o Village Gujra, P.S. Bhakhara, District Dhamtari, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Bhakhara, District Dhamtari, Chhattisgarh. ... Non-applicant(s) For Applicant(s) : Mr. Shishir Dixit, Advocate For Non-applicant/State(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 86/2025 registered at Police Station Bhakhara, District- Dhamtari (C.G.), for the offence punishable under Sections 296, 351(2), 115(2) read with Section 3(5), 118(1), r/w 3(5) and 109 r/w 3(5) of BNS. 2. Case of the prosecution in brief is that the complainant/injured Bhuvan Sahu lodged a written report at Police Station Bhakhara, KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 District Dhamtari, on 11.08.2025 with the intent that on 10.08.2025, on the occasion of the Chhathi ceremony of his daughter, his elder uncle Bhagiram Sahu, his two sons Birendra Sahu and Mithilesh Sahu, along with other relatives, had come to his house to attend the function. During the program, after the conclusion of the Ramayan Path, his sister and friends informed him that his elder uncle Bhagiram Sahu, and his brothers Birendra Sahu and Mithilesh Sahu, had been stabbed and injured with a knife by some boys from the village and that they had been admitted to Primary Health Centre, Gujra, for treatment. Upon receiving this information, the complainant rushed to the hospital and found that Birendra Sahu had sustained knife injuries on his abdomen, waist, and back; Mithilesh Sahu had suffered an injury on his forehead and his elder uncle Bhagiram Sahu had sustained an injury below his chest. On the basis of the complainant’s report, a crime was registered and investigation was commenced. Statements of witnesses were recorded as per their versions. Upon finding sufÏcient evidence against the accused persons, they were arrested and after completion of the necessary investigation, a charge-sheet was filed before the Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that there is no allegation against the present applicant of having caused any injury to the injured person by knife, rather, the said allegation has been levelled against the co-accused, namely Tomeshwar Sahu, whose bail application has already been 3 dismissed by this Court in MCRC No. 8429/2025 vide order dated 17.10.2025. It is also submitted that the trial is in progress and four prosecution witnesses, including the injured witness, have already been examined and have turned hostile. The applicant has been in judicial custody since 10.08.2025. In the present case, the charge- sheet has already been filed before the competent Court. The applicant has no criminal antecedents. As the conclusion of the trial is likely to take a considerable period of time, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is involved in a serious and violent offence. It is submitted that the incident took place during a social function, wherein the victims sustained grievous knife injuries on vital parts of their bodies. The nature of allegations and the manner of assault clearly demonstrate the gravity of the offence. It is further submitted that merely because some prosecution witnesses have turned hostile at this stage does not weaken the prosecution case, as the trial is still in progress and material evidence is yet to be appreciated by the learned trial Court. Considering the seriousness of the offence, the role attributed to the accused persons and the possibility of influencing witnesses or tampering with evidence if released on bail, he prays that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Considering the nature and gravity of the allegations, the manner in which the incident is alleged to have occurred and the fact that the injured sustained knife injuries on vital parts of their bodies during a social function, this Court is not inclined to grant bail to the present applicant at this stage. Though it has been submitted that some prosecution witnesses have turned hostile, the trial is still in progress and the entire evidence is yet to be appreciated by the learned trial Court and also considering the fact that the bail application of the co-accused, namely Tomeshwar Sahu, whose role has been considered in connection with the same incident, has already been rejected by this Court in MCRC No. 8429/2025 vide order dated 17.10.2025. Therefore, at this stage, this Court does not find any distinguishing circumstance to take a different view in respect of the present applicant. 7. Accordingly, the bail application of the applicant, Sheshnarayan Sahu, involved in Crime No. 86/2025 registered at Police Station Bhakhara, District- Dhamtari (C.G.), for the offence punishable under Sections 296, 351(2), 115(2) read with Section 3(5), 118(1), r/w 3(5) and 109 r/w 3(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal