Dismissed¶23

Sukhnath Bhagat v. the State of Chhattisgarh

Chhattisgarh HC1 Feb 2026MCRC/791/2026

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur — MCRC No. 791 of 2026, order dated 02/02/2026, Sanjay Kumar Jaiswal, J. — regular bail under Section 483 BNSS, 2023 in Crime No. 02/2025, P.S. Jashpur, offence under Section 103(1) BNS, 2023 (alleged throttling death, 02.01.2025) — bail application rejected on gravity of offence and prosecution evidence, without commenting on merits — trial expedition direction: conclude preferably within 4 months — 18 witnesses, 5 examined — applicant in custody since 03.01.2025 — contention of hostile eyewitness PW-1 Sudhir Minj recorded.

What did the court decide?

No bail relief to the applicant; however, the trial Court is directed to expedite the trial and conclude it preferably within four months, and a certified copy of the order is to be sent to the trial Court. ¶23

Sukhnath Bhagat Vs the State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, arrested in connection with Crime No. 02/2025 of P.S. Jashpur for an offence punishable under Section 103(1) of BNS, 2023, should be enlarged on regular bail under Section 483 of BNSS, 2023. +1 more

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Court's answer

Regular bail refused: considering the facts and circumstances of the case, the overall evidence collected by the prosecution against the applicant and the gravity of the offence, and without commenting on the merits, the Court was not inclined to release the applicant on bail and rejected the bail application filed under Section 483 of BNSS, 2023.

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Ratio / Principle

The concerned trial Court is directed to expedite the trial and ensure it is concluded as expeditiously as possible, preferably within a period of 4 months from receipt of a copy of the order.

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Detailed headnote1 paragraphs

MCRC No. 791 of 2026 (High Court of Chhattisgarh at Bilaspur; Sanjay Kumar Jaiswal, J.; order dated 02/02/2026): First regular bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita Act, 2023 by an applicant arrested in Crime No. 02/2025, P.S. Jashpur, for an offence punishable under Section 103(1) of BNS, 2023, alleging throttling of the deceased on 02.01.2025. Bail REJECTED: considering the facts and circumstances, the overall evidence collected by the prosecution and the gravity of the offence, and without commenting on merits, the Court declined release. Counsel for the applicant had urged innocence, that only 5 of 18 witnesses examined supported the prosecution, and that eyewitness PW-1 Sudhir Minj turned hostile; the State opposed citing gravity and remaining important witnesses. Noting custody since 03.01.2025 and that only 5 of 18 witnesses had been examined, the trial Court was directed to expedite and conclude the trial preferably within four months of receipt of the order, with a certified copy to be sent to the trial Court forthwith.

2026:CGHC:5688

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 791 of 2026

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1 - Sukhnath Bhagat S/o Late Dhansai Ram Aged About 40 Years R/o Village - Dodakachaura, P.S. And District - Jashpur (C.G.)

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... Applicant

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versus

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1 - The State Of Chhattisgarh Through SHO, P.S. Jashpur, District - Jashpur (C.G.)

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... Respondent

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For Applicant : Mr. Rishikant Mahobia, Adv. For Respondent/State : Mr. Anish Tiwari, Dy. G.A.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order On Board

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02/02/2026

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The applicant has preferred this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as he is arrested in connection with Crime No.02/2025, registered at Police Station – Jashpur, District- Jashpur (C.G.) for offence punishable under Section 103(1) of BNS, 2023.

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As per the prosecution’s case, it is alleged that on 02.01.2025, the applicant had throttled the neck of the deceased in front of Sudhir Minj Kirana Store, due to which

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HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.02.03 10:53:47 +0530

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the deceased died. Based on this, offence has been registered against the present applicant.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there are a total of 18 listed witnesses in this case, out of which 5 have been examined, who have not supported the case of the prosecution. Eyewitness, namely Sudhir Minj (PW-1), also does not support the case of the prosecution and has turned hostile. The applicant is in jail since 03.01.2025, and the trial is likely to take time to be finalized. Therefore, it is prayed that the applicant may be enlarged on bail.

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Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that some important witnesses have yet to be examined; therefore, at this stage, looking to the gravity of the offence, the applicant may not be released on bail.

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I have heard learned Counsel appearing for the parties and perused the material available on record.

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Considering the facts and circumstances of the case, and overall evidence collected by the prosecution against the applicant, and also looking to the gravity of the offence, at this stage, without commenting on the merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected .

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However, considering the fact that the applicant is in jail since 03.01.2025, and out of 18 witnesses, only 5 witnesses have been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is

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concluded as expeditiously as possible, preferably within a period of 4 months from receipt of a copy of this order.

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Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

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Sd/- (Sanjay Kumar Jaiswal) Judge

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H.L. Sahu

Sukhnath Bhagat v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sukhnath Bhagat v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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