1 2025:CGHC:52701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8544 of 2025 Rahul @ Himesh Sahu S/o Meghnath Sahu Aged About 19 Years R/o Subash Chowk, Sarkanda, P.S. Sarkanda, Distt- Bilaspur (C.G.) (Name Of The Applicant Is Wrongly Mention As Himeshu In Ordersheet) ... Applicant(s) versus State Of Chhattisgarh Through- P.S. Sarkanda, Distt- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1089/2025 registered at Police Station Sarkanda, Distt- Bilaspur (C.G.) for the offence punishable under Sections 326 (G) r/w Section 3(5) of BNS. 2 2. Case of the prosecution, in brief, is that on the night of 09.08.2025, complainant Vikas Thakur closed his medical shop and was at home with his brother-in-law Nihal Thakur, whose motorcycle (CG-25-J- 0351) was parked in the courtyard. Around 2:00 A.M., a neighbor informed him that the bike was on fire. When he came out, he saw the motorcycle completely burnt. It was alleged that some unknown person entered the premises by opening the boundary gate and set the motorcycle on fire. During investigation, statements of witnesses including Trupti Singh were recorded. It was revealed that the accused Rahul Sahu had sent abusive Instagram messages to Trupti shortly before the incident, and was later seen in CCTV footage with his companion Dinu alias Dauwa near the place of occurrence at around 1:36 A.M. Both were interrogated and confessed to the offence in their memorandum statements. Subsequently, Rahul Sahu was arrested, and a knife was also recovered from him without valid documents, leading to an additional charge under the Arms Act. The offences registered are under Sections 326(G) and 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.S.), and related provisions. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant has no connection with the alleged offence, as no incriminating material or article has been seized from his possession linking him to the crime. There is no direct eyewitness or material evidence against him, and the 3 entire case is based merely on circumstantial evidence and assumptions arising from the timing of certain messages. Moreover, the CCTV footage relied upon by the prosecution does not conclusively identify the applicant or establish his involvement in the incident, and therefore cannot be treated as sufficient proof of guilt at this stage. The applicant is in jail since 28.08.2025, the applicant has three criminal antecedents, out of which two cases have been disposed of on the basis of compromise between the parties, and only one case is pending, in which the applicant is on bail, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant allegedly after sending abusive messages to Trupti Singh on Instagram, entered the complainant’s premises during the night along with his associate Dinu alias Dauwa and intentionally set fire to the motorcycle parked in the courtyard. CCTV footage allegedly shows both near the spot around the time of the incident. During interrogation, the applicant purportedly confessed to the act, and a knife was later recovered from his possession without valid authorization. So far as criminal antecedents of the applicant are concerned, applicant has three criminal antecedents under the IPC and Arms Act, therefore, the applicant is not entitled for grant of bail. 4 5. I have heard learned counsel appearing for the parties and perused the documents appended with the bail application. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 28.08.2025, the fact that though the applicant allegedly after sending abusive messages to Trupti Singh on Instagram, entered the complainant’s premises during the night along with his associate Dinu alias Dauwa and intentionally set fire to the motorcycle parked in the courtyard, but considering the fact that the applicant has three criminal antecedents, out of which two cases have been disposed of on the basis of compromise between the parties, and only one case is pending, in which the applicant is on bail, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Rahul @ Himesh Sahu, involved in Crime No. 1089/2025 registered at Police Station Sarkanda, Distt- Bilaspur (C.G.) for the offence punishable under Sections 326 (G) r/w 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil