Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:17866
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3500 of 2026 1 - Vijay Sahu S/o Shri Ramswaroop Sahu Aged About 28 Years R/o Village Maldi Thana And Tahsil Bilaigarh, District- Sarangarh Bilaigarh (C.G.) 2 - Daras Yadav S/o Shri Bhagirathi Yadav Aged About 36 Years R/o Village Maldi Thana And Tahsil Bilaigarh, District- Sarangarh Bilaigarh (C.G.)
... Applicant(s) versus The State Of Chhattisgarh Through Station House Officer Police Station Bilaigarh, District- Sarangarh - Bilaigarh (C.G.)
... Respondent(s) For Applicant(s) : Mr. Sumit Shrivastava, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 20/04/2026
1. This is the first bail application filed under Section 483 of the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 06/2026 registered at Police Station Bilaigarh, District- Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 126(2), 191(2), 191(3), 190, 118(1), 109(1), 61(2) of BNS.
2. Case of the prosecution, in brief, is that the complainant, namely Puleshwar Verma, aged about 28 years, lodged a written report on 03.01.2026 stating that on the same day, he along with Ramvilas and Pramod Sahu went to village Daubandhan upon receiving telephonic information from Dhananjay Yadav that the Sarpanch, Ramswaroop Sahu, along with his family members, was planning to commit his murder. It is further alleged that when the complainant was returning to his house and reached near the house of Paras Yadav, co-accused Sahettar Lal Sahu intercepted him, picked up a dispute on the issue of objecting to the Sarpanch in discharge of his duties, and assaulted him with a knife, causing injuries. It is also alleged that when Yogeshwar Verma, brother of the injured, intervened, the complainant informed his family members about the incident and proceeded towards the Police Station along with his father and uncle. Further, on the way, near the house of Sammelal Sahu, co-accused Daras Yadav along with other accused persons, namely Vijay Sahu, Ajay Sahu, Bhagirathi Yadav, Umesh Sahu, Harish Sahu, Deepak Yadav, and Sahettar Sahu, allegedly assaulted them with clubs and obstructed them
3 from lodging the report. On the basis of the said report, the police registered Crime No. 06/2026 against the accused persons. The applicants were arrested on 08.01.2026, and after completion of investigation, charge-sheet has been filed. Hence, the bail application.
3.
Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the identically situated co-accused, namely, Bhagirathi Yadav has already been granted bail by this Court vide order dated 08.04.2026 passed in MCRC No.3113 of 2026. The applicants are in jail since 08.01.2026, the applicants have no criminal antecedents, 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 applicants. 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. He further submits that the applicants in connivance with other co-accused persons allegedly formed an unlawful assembly, wrongfully restrained the complainant, and assaulted him with a knife and clubs, causing injuries, and further obstructed and threatened the complainant and his family members from lodging the report with the police, therefore the applicants are not entitled for grant of bail. 4
5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 08.01.2026, the fact that though the applicants in connivance with other co-accused persons allegedly formed an unlawful assembly, wrongfully restrained the complainant, and assaulted him with a knife and clubs, causing injuries, and further obstructed and threatened the complainant and his family members from lodging the report with the police, but considering the fact that co-accused, namely, Bhagirathi Yadav has already been granted bail by this Court vide order dated 08.04.2026 passed in MCRC No.3113 of 2026 and the case of present applicants is identical to that of the said co-accused, further the applicants have no criminal antecedents and the charge-sheet has been filed in the present case, as such, this Court is of the view that the applicants are 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 Applicants-Vijay Sahu and Daras Yadav, involved in Crime No. 06/2026 registered at Police Station Bilaigarh, District- Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 126(2), 191(2), 191(3), 190, 118(1), 109(1), 61(2) of BNS, be released on bail on their furnishing a personal bond
5 with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial
6 Court for necessary information and compliance. Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil