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2026 DAILYLAW 37491 (CHH)

BITTU SARTHI v. STATE OF CHHATTISGARH

MCRC/8509/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010351172026 2026:CGHC:42171 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8509 of 2026 Bittu Sarthi S/o Harishankar Aged About 24 Years R/o Kaserpara Police Station And District Sakti (C.G.). ... Applicant versus State of Chhattisgarh, Through District Magistrate Sakti, District Sakti (C.G.) ... Non-Applicant For Applicant : Mr. Prashant Dansena, Advocate For Non-Applicant/State : Mr. Kawaljeet Singh Saini, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 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. 194/2026 registered at Police Station – Sakti, District - Sakti (C.G.) offence under Sections 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief is that the complainant, namely Bhoj Singh Sidar, had gone along with his family to his in-laws’ house at Village Patrapali on 26.04.2026. It is alleged that at about 11:00 p.m., he 2 received a telephone call informing him that his maternal father-in-law, Govind Singh Sidar, was seriously ill. Consequently, at about 12:30 a.m., the complainant and his brother-in-law, Narendra Singh Sidar, proceeded towards Village Gadagodhi on a scooter. It is further alleged that when they reached near Village Rajpur, the present applicant, along with the other co-accused persons, was found sitting on the road. An altercation took between them, the accused persons threatened the complainant and Narendra Singh Sidar with dire consequences and thereafter assaulted them. It is specifically alleged that one of the accused assaulted Narendra Singh Sidar with an iron rod, another allegedly pelted stones at him, and the remaining accused allegedly assaulted him with fists and kicks. It is further alleged that when the complainant attempted to intervene, he also sustained simple injuries. Narendra Singh Sidar allegedly suffered head injuries and was thereafter taken to the Medical College Hospital, Raigarh, for treatment. 3. Learned counsel appearing for the applicant submits that the present applicant has falsely been implicated in this case. He further submits that the prosecution has implicated the present applicant solely on the basis of omnibus allegations made in the FIR. No specific or individual role has been attributed to the applicant so as to establish his active participation in the alleged assault. The co-accused, who were similarly situated persons have already been enlarged on regular bail by the co- ordinate Bench in MCRC/7183/2026, MCRC/7681/2026 & MCRC/7752. He submits that the applicant has one criminal antecedent of the year 2025, in which he has already been acquitted; the applicant is in jail since 28.04.2026, conclusion of the trial may take some time; thus, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that looking to the seriousness of the offence the present 3 applicant is not entitled to the grant of regular bail in this case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and from perusal of the case diary, it transpires that the main allegation is against the co-accused, namely, Ashish Sarthi, who assaulted the injured with an iron rod, resulting in grievous injuries. So far as the present applicant is concerned, his case is distinguishable from that of the co-accused – Ashish Sarthi; further, the co-accused persons have already been enlarged on regular bail by the co-ordinate Bench, Dinesh Singh Sidar (MCRC/7183/2026, on 06.08.2026); Vikas Uronw (MCRC/7681/2026, on 19.08.2026); Vishwa Uraon (MCRC/7752/2026, on 20.08.2026); furthermore, the charge-sheet has already been submitted before the competent Court and he is in jail since 28.04.2026, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum 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 4 (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 Nadim