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2026 DAILYLAW 32023 (CHH)

KARAN SAHU v. STATE OF CHHATTISGARH

MCRC/6571/2026 · 2026-08-19

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Judgment text

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1 CGHC010274242026 2026:CGHC:37428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6571 of 2026 Karan Sahu Son Of Late Rajkumar Sahu Aged About 28 Years Resident Of Village - Devri, Police Station - Rajim, District - Gariyaband, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Rajim, District – Gariyaband, Chhattisgah. ---- Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.08.2026 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 applicant arrested in connection with Crime No. 414/2025 registered at Police Station – Rajim, District – Gariyaband (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 332(A), 332(B), 190, 191(2), 191(3) and 103(1) of the BNS. 2. Case of the prosecution, in brief, is that the complainant Gopiram Tarak lodged report at Police Station, Rajim, alleging therein that on 28.12.2025, the complainant and his family members were sleeping in his house, at that time, at around 11.00 PM, the accused persons RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Karan Sahu, Nohar Vishwakarma, Vimlesh Sahu, Thanchand Sahu, Sunil Sahu, Shiv Sahu, Gajendra Sahu, Laxmichand Satnami, Omprakash @ Bhuru Gayakwad, Umashankar Yadav & Akshay Sahu, who equipped with club & Axe, entered into the house of complainant, taken out the son of complainant namely Hiteshwar Tarak, took him at Bazar Chowk Sahada Mandir, assaulted him by club & axe and thereafter crushed by stone and then thrown the dead body of Hiteshwar near Kopra-Borsi Road. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It has been further submitted that the applicant is in jail since 29.12.2025, 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 opposed the bail application and submits that from the perusal of the case-diary, it transpires that the allegations against the applicant is serious in nature, and the applicant is the main accused person in the crime in question. It is submitted that the applicant, along with the co- accused persons, entered the complainant's house at night, forcibly took the deceased Hiteshwar Tarak out of the house and assaulted him with sticks, axes, bricks and stones, due to which he died. It is further submitted that after investigation, the charge-sheet has been filed against the applicant for the aforesaid offences. The statements of the witnesses and other material collected during 3 investigation prima facie shows the involvement of the applicant in the alleged offence. It is also submitted that the bail application of the co-accused has also been rejected by this Court vide order dated 13.08.2026 passed in MCRC No.6233/2026. Considering the serious nature of the offence and the allegations against the applicants, learned State Counsel submits that he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the offence, the allegations against the applicant, and the material collected during investigation, this Court finds that and the applicant is the main accused person in the crime in question, and there are specific and serious allegations against the applicant regarding his involvement in forcibly taking the deceased Hiteshwar Tarak out from his house and assaulting him. It is alleged that the applicant, along with the co-accused persons, was armed with an axe, bricks and stones and assaulted the deceased, causing serious head injuries, which ultimately resulted in his death. The prosecution story, supported by the material collected during investigation, prima facie indicates the involvement of the applicant in the commission of the alleged offence. Moreover, the bail application of the co-accused has also been rejected by this Court vide order dated 13.08.2026 passed in MCRC No.6233/2026. The offence alleged against the applicant is grave and serious in nature, involving the death of a person pursuant to a group assault. 4 At this stage, this Court does not find sufficient ground to disbelieve the prosecution case or to hold that the applicant has been falsely implicated. Considering the gravity of the offence, the nature of the allegations and the prima facie material available against the applicant, this Court is not inclined to extend the benefit of regular bail to him. 7. Accordingly, this bail application of applicant – Karan Sahu, involved in Crime No. 414/2025 registered at Police Station – Rajim, District – Gariyaband (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 332(A), 332(B), 190, 191(2), 191(3) and 103(1) of the BNS, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, 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