Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:10819
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1816 of 2026 1 - Smt. Tarini Sahu W/o Khuman Sahu, Aged About 25 Years, R/o Village- Madeli, Chowki, Birejhar P.S. Kurud District- Dhamtari (C.G.).
... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Chowki, Birejhar P.S. Kurud, District- Dhamtari (C.G.).
... Respondent For Applicant : Mr. Suresh Tandon, Advocate For Respondent : Mr. Khulesh Sahu, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order On Board 02.03.2026
1. This is the third bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.85/2025 registered at Chowki Birejhar, P.S. Kurud, District Dhamtari (CG) for the offence punishable under Sections 296, 115(2), 351(2), 191(2), 191(3), 103(1) of BNS,
2023. 2. The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 09.06.2025 in MCRC No. 4045/2025 and the second bail application was rejected on merits by this Court vide order dated 03.09.2025 in MCRC No. 6782/2025. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.03.02 17:20:19 +0530
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3. As per the prosecution case, on 15-03-2025, the complainant Dhaneshwar Sahu along with his friends Gajendra Sahu, Devendra Sahu and Dummu Yadav went for a ride on Gajendra's motorcycle towards Bhathapara Madeli, where accused Chetan Sahu was sitting with his friends. There was a quarrel between Gajendra and Chetan over some trivial matter, due to which Chetan Sahu and his family members including the present applicant started abusing the complainant with obscene words and assaulted him with hands, fists and sticks. When his friend Gajendra Sahu came to intervene, accused Chetan Sahu assaulted him with a wooden plank on his head as a result of which he died. On the report of the complainant at Police Outpost Birejhar, Police Station Kurud, offence under the aforesaid sections has been registered against the applicant and five others. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The main allegation is against accused Chetan, and there is no allegation of the applicant assaulting the injured or the deceased. The applicant is a lady with a child aged 5-6 years. No memorandum or weapon has been seized from her. Out of 23 witnesses, only 9 have been examined till date. The applicant has been in jail since 18.03.2025, and there is no likelihood of the trial concluding at the earliest. Considering these facts, the applicant may be released on bail. 5. Learned State counsel, on the other hand, opposing the bail application submits that a named FIR has been lodged
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Heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and also taking into account that no memorandum as well as no seizure has been made from the present applicant, the applicant being a lady and in jail since 18.03.2025, and the trial being likely to take considerable time to conclude, as out of 23 witnesses only 9 have been examined till date despite the trial Court having been directed to expedite the trial in the 2nd bail application, I find it appropriate to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. Applicant is
directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Sanjay Kumar Jaiswal)
Judge Sourabh P.