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2026 DAILYLAW 37298 (CHH)

TOMESH SAHU v. STATE OF CHHATTISGARH

MCRC/7650/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010321132026 2026:CGHC:42088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7650 of 2026 1 - Tomesh Sahu Son Of Gaindram Sahu Aged About 26 Years Resident Of Village - Dhamni, Ward No. 1 Barpara, Police Station - Rajim, District - Gariyaband (C.G.) 2 - Gaindram Sahu Son Of Janak Ram Sahu Aged About 55 Years Resident Of Village - Dhamni, Ward No. 1 Barpara, Police Station - Rajim, District - Gariyaband (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Rajim, District - Gariyaband (C.G.) ... Non-applicant For Applicant : Mr. Kishan Kumar Dewangan, Advocate For Non-applicant : Mr. Nitansh Jaiswal, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. The applicants have preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.142/2026, registered at Police Station Rajim District Gariyaband Chhattisgarh for the offence punishable under Section 296, 115(2), 351(3) and 109(1), 3(5) of BNS. 2. The case of the prosecution, in brief, is that on 22.05.2026, the complainant, Jitendra Sahu, lodged a report at Police Station Rajim, alleging therein that on 21.05.2026 at about 8:30 PM, he was sitting near the pond. At that time, due to a previous dispute, the accused/applicants came there, abused the complainant in filthy language and assaulted him with a wooden club. On seeing the incident, the family members of the Digitally signed by JYOTI JHA Date: 2026.09.28 15:46:26 +0530 2 complainant, namely, Khilesh Sahu, Omprakash Sahu and Sukhwantin Sahu, came to his rescue, whereupon the accused persons also assaulted Omprakash, Khilesh and Sukhwantin Sahu. On the basis of the said report, the aforesaid offences have been registered against the accused persons, including the present applicants. 3. Learned counsel appearing for the applicants would submit that the co- accused, namely, Smt. Mankunwar, has been enlarged on bail in MCRC No. 6236 of 2026 on 12.08.2026. It is alleged that the present applicants used wooden sticks while assaulting the injured, namely, Jitendra Sahu, who sustained injuries over his head. The injuries sustained by the injured, as per the medical report, are neither grievous nor life-threatening. The applicants have no criminal antecedents. He would further submit that the applicants are in jail since 22.05.2026, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude. Thus, he would pray that the applicants may be enlarged on regular bail. 4. On the other hand, learned State Counsel would oppose the bail application and submit that the co-accused, Smt. Mankunwar, was granted bail considering the fact that she is a lady. There are serious allegations against the present applicants that they assaulted the injured persons with wooden sticks, and the injuries sustained by the injured persons are serious in nature. Thus, she would pray that the bail application filed by the present applicants be rejected. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the charge-sheet has already been filed, the applicants are in jail since 22.05.2026, they have no criminal antecedents, the co-accused has already been granted bail, and as per the medical report, the injuries sustained by the injured persons were not fatal to their lives, this Court is inclined to grant regular bail to the applicants. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicants executing a personal bond for a sum of Rs.50,000/- with one surety each in the like sum to the 3 satisfaction of the concerned trial Court, they 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. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Jyoti