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2026 DAILYLAW 5307 (CHH)

JATIN KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/9761/2025 · 2026-01-19

body2026

Judgment text

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1 2026:CGHC:3361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9761 of 2025 Jatin Kumar Sahu S/o Rajendra Sahu Aged About 18 Years R/o Village Daukidih, Police Station Gunderdehi, District Balod (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station Gunderdehi, District Balod (C.G.) ... Respondent(s) For Applicant : Mr. Jitendra Gupta, Advocate For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20/01/2026 1. The applicant had preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 212/2025, registered at Police Station- Gunderdehi, District- Balod (CG) for the offence punishable under Section 296, 333, 115(2), 109 read with Section 3(5) of BNS, 2023 2 2. The prosecution story in brief, is that, on 21.07.2025 at about 1:30 pm the present applicant and other co-accused person on drunken stage have due to common intention assaulted one Shashikant Chandrakar with knife, resulting to which the said Shashikant Chandrakar have received multiple injuries, therefore the crime is registered against the present applicant and has filed the charge sheet. 3. It was argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and no offence has been made out as alleged by the police and the applicant has been arrested only on the basis of suspicion. The present applicant is in jail since 14.08.2025 and charge sheet has already been filed and it will take sufficient time for the trial to be concluded, therefore the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the complainant has received various injuries out of which one injury is received on abdomen. Therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submissions of the counsel for the parties, nature of dispute and 3 the fact that the applicant was intoxicated at the time of the commission of offence, and the fact that the applicant is in jail since 14.08.2025, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant- Jatin Kumar Sahu, involved in Crime No. 212/2025 registered at Police Station- Gunderdehi, District- Balod (C.G.), for the offence punishable under Sections 296, 333, 115(2), 109 read with Section 3(5) of BNS be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of 4 Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 BNSS. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima