Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 1547 (CHH)

KOMAL CHAND SAHU v. STATE OF CHHATTISGARH

MCRC/919/2026 · 2026-01-27

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:4748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 919 of 2026 Komal Chand Sahu S/o Girdhari Lal Sahu Aged About 45 Years R/o - Mana Camp, Police Station - Mana Camp, District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Nandini Nagar District - Durg (C.G.) ... Non-applicant For Applicant : Ms. Smita Jha, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2026 1. This is the 5rst bail application 5led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 201/2025 registered at Police Station Nandini Nagar, District - Durg, (C.G.), for the o:ences punishable under Sections 318(4), 338, 336(3), 340(2), 3(5), 111(2) of the BNS, 2023 and Sections 66(C), 61(2) of the Information Technology Act. 2. The case of the prosecution is that the complainant submitted a written complaint before the concerned police station alleging that the accused persons had prepared forged documents and illegally recorded their ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.29 15:02:16 +0530 2 names in respect of government land in the revenue records. It is further alleged that, on the basis of such forged documents, the accused persons availed Kisan Credit Card (K.C.C.) loan facilities from the bank. On the basis of the said written complaint, the police registered an o:ence under Sections 318(4), 338, 336(3), 340(2), 3(5) and 111(2) of the Bharatiya Nyaya Sanhita (B.N.S.) and Sections 66(C) and 61(2) of the Information Technology Act against the accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. She submits that the other co-accused person, namely Devanand Sahu and Amit Kumar Mourya have already been granted regular bail by this Court in MCRC No. 10394 of 2025 and MCRC No. 9709 of 2025 vide order dated 21.01.2026. Therefore, she submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the other co-accused person, namely Devanand Sahu and Amit Kumar Mourya have already been granted regular bail by this Court in MCRC No. 10394 of 2025 and MCRC No. 9709 of 2025 vide order dated 21.01.2026. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 24.11.2025 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of 3 parity. 7. Let the Applicant – Komal Chand Sahu, involved in Crime No. 201/2025 registered at Police Station Nandini Nagar, District - Durg, (C.G.), for the o:ences punishable under Sections 318(4), 338, 336(3), 340(2), 3(5), 111(2) of the BNS, 2023 and Sections 66(C), 61(2) of the Information Technology Act, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 5le an undertaking to the e:ect that he shall not seek any adjournment on the dates 5xed 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 5xed, either personally or through his counsel. In case of his absence, without suAcient 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 5xed 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 5xed for (i) opening of the case, 4 (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 suAcient 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. OAce is directed to send a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek