Yashwant Sahu vs State Of Chhattisgarh on 21 January, 2025

Chattisgarh High Court

Yashwant Sahu vs State Of Chhattisgarh on 21 January, 2025

Author: Parth Prateem Sahu

Bench: Parth Prateem Sahu

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                                                             2025:CGHC:3543

                                                                             NAFR
               HIGH COURT OF CHHATTISGARH AT BILASPUR

                                 MCRC No. 576 of 2025

     •    Yashwant Sahu S/o Shri Satyanarayan Sahu Aged About 20 Years R/o Near
          Nagar Panchayat, Abhanpur, District- Raipur ( C.G.).

                                                                            ... Applicant
                                           versus

     •    State of Chhattisgarh through- Police Station- Panchayat, Abhanpur, District-
          Raipur ( C.G.).
                                                                        ... Respondent

For Applicant : Mr. Dashrath Kushwaha, Advocate
For Respondent-State : Mrs. Mukta Tripathi, Panel Lawyer

Hon’ble Shri Parth Prateem Sahu, Judge PAWAN
ORDER ON BOARD KUMAR
JHA
21/01/2025 Digitally
signed by
PAWAN
KUMAR JHA

1. Applicant has filed this fourth bail application under Section 483 of Bhartiya

Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been

arrested in connection with Crime No. 390/2023 registered at Police Station –

Abhanpur, District Raipur (C.G.) for offence punishable under Sections 147,

148, 149, 307/34 of IPC and Section 25 & 27 of the Arms Act.

2. Case of prosecution in brief is that on 15.08.2023 the complainant lodged a

report stating that at about 08.30 pm, when he was behind Government

Hospital, near Bhagat Chowk, the applicant along with other co-accused

persons came there with knife, hockey stick and stated that as to how the

complainant has lodged report against them of commission of theft and

thereafter, the applicant abused him and also caused stab injury on the
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stomach by knife. Thereafter, he was taken to hospital and the report was

lodged. Based on the report, applicant was arrested on 13.01.2024.

3. Learned counsel for applicant submits that this application is filed on the

ground that the material witnesses examined before the trial court including

the victim have not supported the case of prosecution. It is contention of

learned counsel for applicant that even the victim in his court statement has

stated that he is not aware as to who gave knife blow upon his stomach. Other

material witnesses have not supported the case of prosecution. There are

nine accused persons who allegedly committed assault to injured Pursottam

Sahu. The allegation of committing assault by means of knife is only against

one person. Applicant is in jail since 13.01.2024. There are 14 witnesses and

till 04.01.2025 only 06 witnesses have been examined. Trial may take some

time to conclude, hence, applicant may be released on bail.

4. On the other hand, learned State counsel opposes the submission made by

learned counsel for the applicant and further submits that in the statement

recorded under Section 161 of CrPC of the witnesses there is specific

allegation of assault by means of knife caused by applicant. She further

submits that the submission of learned counsel for applicant based on the

deposition of witnesses is subject matter of appreciation by the trial court.

There are four other criminal antecedents against applicant.

5. I have heard learned counsel for the parties and perused the documents

placed on record.

6. Taking into consideration facts and circumstances of the case, nature of

allegation, submission made by learned counsel for the parties, period of

detention of applicant, without commenting anything on merits of the case, I

am inclined to allow this application.

7. Accordingly, bail application is allowed. It is directed that the applicant shall be

released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/-
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with one surety in the like sum to the satisfaction of the Court on the

conditions that-

(a) 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.

(b) The applicant shall remain present before the trial court on
each date fixed, either personally or through him counsel. In case
of him absence, without sufficient cause, the trial court may
proceed against him under Section 269 of Bharatiya Nyaya
Sanhita.

(c) In case, the applicant misuses the liberty of bail during trial
and in order to secure his presence, proclamation under Section
84 of BNSS. is issued and the applicant fails to appear before the
court on the date fixed in such proclamation, then, the trial court
shall initiate proceedings against him, in accordance with law,
under Section 209 of the Bharatiya Nyaya Sanhita.

(d) 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 of
BNSS. If in the opinion of the trial court absence of the applicant
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 him in accordance with law.

8. Office is directed to send a certified copy of this order to the trial Court

concerned for necessary information and compliance forthwith.

Sd/-

                                                           (Parth Prateem Sahu)
pwn                                                               JUDGE