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Chattisgarh High Court
Leeku @ Likeshwar Sahu vs State Of Chhattisgarh on 23 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13791
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 2726 of 2026
MUDALIAR
Leeku @ Likeshwar Sahu S/o Dwarika Sahu Aged About 25 Years R/o
Digitally signed by
GOURI
MUDALIAR
Khurenti, Ward No. 02, Boring Chowk, P.S. Fingeshwar, District Gariyabandh
Date: 2026.03.24
11:14:03 +0530 Chhattisgarh.
... Applicant
versus
State Of Chhattisgarh Through Police Station Rajim, District- Gariyabandh,
Chhattisgarh.
... Respondent
For Applicant : Shri Anshul Tiwari, Advocate.
For : Ms. Ritika Verma, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
23/03/2026
1. This is the second bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to
the applicant who has been arrested in connection with Crime
No.79/2025 registered at Police Station Rajim, District: Gariyabandh,
Chhattisgarh for the offence punishable under Sections 74, 296,
351(3), 115(2), 108, 309(4), 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. Case of the prosecution, in brief, is that the allegation against the
applicant herein is that on the date of incident the applicant along with
other juveniles abused the deceased Tikeshwar Sahu and Tomeshwari
@ Tameshwari Sahu, and intimidated and assaulted them due to which
the said persons committed suicide by hanging 3 days after the
incident. It is also an allegation that the applicant and his companions
have looted a sum of Rs. 20 Lakhs, whereas during investigation, no
evidence of loot was found. After information of suspicious death by the
father of the deceased, an FIR bearing crime no. 79/25 for the alleged
offence u/s 74, 296, 351(3), 115(2), 108, 309(4), 3(5) of the BNS was
registered against the applicant and the other 2 minors.
3. Learned counsel for the applicant submits that this is the second bail
application of the applicant and the first bail application of the applicant
was rejected by this Court on merits vide order dated 22/09/2025 in
MCRC No.6643/2025. He would submit that the complainant of the
case has given a different story with the prosecution case in his
deposition before the trial court. It is stated that out of 33 prosecution
witnesses only 3 prosecution witnesses have been examined,
applicant is languishing in jail since 06/03/2025 and conclusion of trial
will take some time, therefore, he prays for grant of bail to the
applicant.
4. On the other hand, learned State counsel opposes the bail application
and she would submit that charge sheet has been filed in this case
before the competent court. She would submit that the applicant has
no criminal antecedents.
5. I have heard learned counsel for the parties and perused the case
diary.
6. From perusal of the records, it transpires that this is the second bail
application of the applicant and the first bail application of the applicant
was rejected by this Court on merits vide order dated 22/09/2025 in
MCRC No.6643/2025. Considering the fact that out of 33 prosecution
witnesses only 3 prosecution witnesses have been examined,
applicant has no criminal antecedents, he is languishing in jail since
06/03/2025 and also considering the fact that trial is likely to take some
time for its conclusion, therefore this Court is of the view that the
applicant is entitled to be released on bail in this case.
7. Accordingly, the second bail application is allowed and it is directed that
the Applicant- Leeku @ Likeshwar Sahu, involved in Crime
No.79/2025 registered at Police Station Rajim, District: Gariyabandh,
Chhattisgarh for the offence punishable under Sections 74, 296,
351(3), 115(2), 108, 309(4), 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 him under
Section 269 of Bharatiya Nyaya Sanhita.
(iii) 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.
(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 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. -
Sd/- Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
