1 CGHC010260992026 2026:CGHC:36076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6233 of 2026 Thhan Chand Sahu S/o Rohan Lal Sahu Aged About 32 Years R/o Village Devri Thana, Rajim, Distt. Gariyaband, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. Rajim, Distt. Gariyaband, Chhattisgarh. ...Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-Applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13.08.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 414/2025 registered at Police Station - Rajim, District - Gariyaband,(C.G.), for the offences punishable under Sections VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.14 10:59:46 +0530 2 296, 115(2), 332A, 332(B), 190, 191(2), 191(3), 103(1) & 351(3) of the BNS. 2. As per the prosecution case, on 28.12.2025 at about 11.00 P.M. at night after taken meal complainant and his companion are sleeping inside the home but someone have open the door through foot so complainant wakeup and found that villagers Karan Sahu, Nohar Vishwakarma, Vimlesh Sahu (present Applicant), Sunil Sahu, Shiv Sahu, Gajendra Sahu, Laxmichand Satnami, Omprakesh alias Bhuru Gaikwad, Umashanker Yadav and Akshay Sahu all are came with weapon and entered bin the home of the Complainant and call Hiteshwar Tarak by saying that Hiteshwar Tarak will brought from home and then took the Hiteshwar Tarak from home and given beating no one will save him otherwise they will also face dire consequences. Then all of the accused person have assaulted the Hiteshwar Tarak because said Hiteshwar Tarak is habitual criminal due to which HiteshTarak died. So on the basis of said report police has registered the offence and recorded memorandum of applicant 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to personal enmity. He further submits that as per the post- mortem report, a large fracture was found on the head of deceased Hiteshwar Tarak and the cause of death was opined to be head injury, with the nature of death being homicidal; however, none of the prosecution witnesses has stated that the 3 applicant used any weapon or caused any injury to the deceased. During investigation, the memorandum statements of the applicant and other accused persons were recorded, pursuant to which certain articles allegedly used in the commission of the offence, including clubs, stones and cemented stones, were seized from the co-accused persons, but no incriminating article or weapon has been seized from the possession of the present applicant. It is further submitted that the prosecution witnesses have not attributed any specific overt act or injury to the applicant and have not stated that he assaulted the deceased with any weapon. The applicant has been implicated mainly on account of previous enmity, and there is no specific allegation or incriminating material connecting him with the alleged offence. It is further submitted that the deceased was allegedly a known criminal who had created fear among the villagers and, even on the date of the incident, had allegedly threatened the villagers by stating that no one could assault him and that even if he were arrested, he would return from jail within six months. Due to his alleged repeated acts of intimidation and terror, the villagers had become aggrieved, and the incident is alleged to have occurred in that background. Therefore, in the absence of any specific allegation, recovery, or material connecting the applicant with the alleged assault, his further detention is not warranted. 4. On the other hand, learned State Counsel opposes the bail 4 application and submits that the allegations against the applicants are serious in nature. It is submitted that the applicants, 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 applicants for the aforesaid offences. The statements of the witnesses and other material collected during investigation prima facie show the involvement of the applicants in the alleged offence. Considering the serious nature of the offence and the allegations against the applicants, learned State Counsel submits that they are 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 there are specific and serious allegations against the applicant regarding his involvement in forcibly taking the deceased Hiteshwar Tarak 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 5 material collected during investigation, prima facie indicates the involvement of the applicant in the commission of the alleged offence. The offence alleged against the applicant is grave and serious in nature, involving the death of a person pursuant to a group assault. 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. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant – Thhan Chand Sahu, filed under Section 483 of the BNSS, involved in Crime No. 414/2025 registered at Police Station - Rajim, District - Gariyaband,(C.G.), for the offences punishable under Sections 296, 115(2), 332A, 332(B), 190, 191(2), 191(3), 103(1) & 351(3) of the BNS, is rejected. 8. 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 Vaibhav