Manish Sahu Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2025)

Manish Sahu Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Appellant directed to be released on regular bail on furnishing bail bond of Rs.10,000/- with one surety in the like sum, subject to conditions: (a) regular appearance before the trial Court unless exempted; (b) not to tamper with prosecution witnesses in any manner.

Issue for consideration

Whether the appellant should be released on regular bail despite rejection of his bail application under S.483, BNSS 2023, by the Special Judge (Atrocities), Surajpur, in Crime No.101/2024.

Court's answer

Appeal allowed; the impugned rejection order dated 01.01.2025 passed by the learned Special Judge (Atrocities), Surajpur, is set aside; appellant directed to be released on regular bail on furnishing a bail bond of Rs.10,000/- with one surety in the like sum, subject to conditions of regular appearance before the trial Court and non-tampering with prosecution witnesses.

Ratio / Principle

Bail granted taking into account the entire facts and circumstances, nature of allegations, the complainant's statement (no objection expressed through virtual appearance), the submission that the appellant himself was stabbed by Nikhil Yadav @ Raja near the chest area requiring prompt medical treatment, and the appellant's detention since 19.12.2024.

Detailed headnote1 paragraphs

Bail - Criminal appeal under S.14-A(2), Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, against rejection of bail application filed under S.483, Bharatiya Nagarik Suraksha Sanhita, 2023, by Special Judge (Atrocities), Surajpur, in Crime No.101/2024, P.S.-Ajak (offences punishable under Ss.109(1), 115(2), 296, 351(2), 3(5) BNS & S.3(2)(v) SC/ST Act); appellant in custody since 19.12.2024; complainant, appearing virtually from DLSA-Surajpur, raised no objection to bail; court had regard to the serious stab injury said to have been suffered by the appellant near the chest requiring prompt medical treatment and the period of detention; appeal allowed, rejection order dated 01.01.2025 set aside, appellant to be released on regular bail on bail bond of Rs.10,000/- with one surety in like sum, subject to conditions of regular trial-court appearance and non-tampering with prosecution witnesses. [NAFR]

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2025:CGHC:3248

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRA No.80 of 2025

Manish Sahu S/o Omprakash Sahu Aged About 21 Years R/o Village Bskar, Police Station - Jhilmili, District Surajpur (C.G.).

... Appellant

versus

State Of Chhattisgarh Through Police Station - Ajak District Surajpur (C.G.).

--- Respondent For Appellant : Mr. Sangeet Kumar Kushwaha, Advocate For Respondent-State : Ms. Binu Sharma, PL

Hon'ble Shri Justice Arvind Kumar Verma Order on Board

17/01/2025

This appeal under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989') is filed against impugned rejection order dated 01.01.2025 passed by learned Special Judge (Atrocities), Surajpur, District Surajpur (CG) whereby appellant's application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of bail is rejected.

Appellant is in jail since 19.12.2024 in connection with Crime No.101/2024 registered at Police Station -Ajak Surajpur, DistrictSurajpur, Chhattisgarh, for the offence punishable under Sections 109(1), 115(2), 296, 351(2), 3(5) of the BNS & 3(2)(v) of the SC/ST Act.

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Case of prosecution, in brief, is that on 12.09.2024, appellant has attacked the injured Nikhil Yadav with a sharp knife and inflicted serious injury on it appears prima facie that injury was caused to Virendra Kurre. It appears from the Doctor that the injury to Nikhil Yadav @ Raja. Based upon report, FIR was registered against the appellant and he has been arrested.

Learned counsel for appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. He further submits that the appellant was stabbed by Nikhil Yadav @ Raja near chest area which too deep and if the injury shall not treated on time, then his death is possible. Appellant is in jail since 19.12.2024, conclusion of trial may take time, hence, appellant may be released on bail.

Learned State Counsel opposes the submission made by learned counsel for the appellant.

Heard counsel for respective parties.

Complainant is present before this Court through virtual mode from the District Legal Services Authority- Surajpur, District Surajpur (C.G.). On being asked, he has no objection in granting bail to the appellant.

Considering entire facts and circumstances of case, nature of allegations, statement of complainant, submission of counsel for appellant that appellant was stabbed by Nikhil Yadav @ Raja near chest area which too deep who needs prompt medical treatment. Looking to the seriousness of injuries received by the appellant and detention period of appellant ie

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since 19.12.2024, I am inclined to allow this appeal.

Accordingly, appeal is allowed. Impugned rejection order dated 01.01.2025 passed by learned Special Judge (Atrocities), Surajpur, District Surajpur (CG) is set aside. It is directed that appellant shall be released on regular bail upon his furnishing a bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-

a) Appellant shall appear before trial Court regularly on each and every date, unless exempted from appearance.

b) Appellant shall not, in any manner, tamper with the prosecution witnesses.

C.C. today.

Digitally
VASANT signed by
KUMAR VASANT
KUMAR
Vasant

Sd/(Arvind Kumar Verma) Judge