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2026 DAILYLAW 35740 (CHH)

BHARAT LAL SAHU v. STATE OF CHHATTISGARH

MCRC/5499/2026 · 2026-09-14

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010233552026 2026:CGHC:40288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5499 of 2026 1 - Bharat Lal Sahu S/o Late Sukhiram Sahu, Aged About 47 Years R/o Ward No. 09 Rawanbhatha Jamul, Police Station Jamul District Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Jamul, Durg District Durg (C.G.) ... Respondent(s) For Applicant : Shri P.K. Patel, Advocate. For Non-Applicant/State : Shri Jitendra Shrivastava, G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15.09.2026 Heard. 1) The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.142/2026, registered at Police Station Jamul, Durg, District – Durg (C.G.) for the offence punishable under Sections 103, 103(1) and 3(5) of BNS 2023. 2) As per the case of the prosecution, the complainant, Lalita Sahu, NIRMALA RAO 2 lodged a written report at Police Station Jamul on 3.3.2026, alleging that on 2.3.2026, between 11:30 and 11:45 p.m., Vinay Kole informed her that her son, Hemant Sahu, had been assaulted by Ashish Sahu with an iron rod on his head, due to which he sustained grievous injuries and, during the course of treatment, succumbed to the injuries. Thereafter, the police registered the aforesaid offence against the present applicant. 3. Learned counsel for the applicant would submit that there is no evidence to connect the present applicant with the commission of the murder of Hemant Sahu. He would submit that, according to the statement of Vinay Kole, co-accused Ashish Sahu assaulted Hemant Sahu with the shock absorber of a motorcycle on his head. He would further submit that, in the statement recorded under Section 183 of the BNS, the said witness implicated the applicant herein. He would submit that the charge-sheet has been filed, the applicant is in jail since 29.5.2026, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that, in the statement recorded under Section 183 of the BNS, eyewitness Vinay Kole has specifically implicated the present applicant. Therefore, the application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Perusal of the case diary would show that on the fateful day, Hemant Sahu, after taking lunch at the house of Ashish Sahu, proceeded on a motorcycle along with Bharat Sahu. At the same time, co-accused 3 Ashish Sahu, by means of the shock absorber of a motorcycle, inflicted a fatal injury on Hemant Sahu, who, as a result, succumbed to the injury. In his statement recorded under Section 183 of the BNS, eyewitness Vinay Kole stated so and also implicated the present applicant. Further, the charge-sheet has been filed and the applicant is in jail since 29.5.2026. In view of the aforesaid circumstances, I am inclined to grant regular bail to the present applicant. 7) Accordingly, the bail application filed by applicant is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (iv) he shall not involve himself in any offence of similar nature in future. The observations made in the course of this order are only for considering the case of the applicant on the application for grant of regular bail. The concerned trial Court shall not be influenced or bound by the observations made in the course of this order. Sd/- (Rakesh Mohan Pandey) Judge Nimmi