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2026 DAILYLAW 19253 (CHH)

SUJAL NAYAK v. STATE OF CHHATTISGARH

MCRC/4661/2026 · 2026-05-14

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Judgment text

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1 2026:CGHC:23325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4661 of 2026 1 - Sujal Nayak S/o Ritesh Nayak Aged About 20 Years R/o Pandri Talab, Nearby Shitla Temple, P.S. Devendra Nagar, District Raipur Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through S.H.O. P.S. Civil Line, Raipur District Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 14/2026, registered at Police Station – Civil Line Raipur, District – Raipur (C.G.) for the offence punishable under Sections 108 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 2. The prosecution case, in brief, is that on the date of the incident at about 7:00 PM, the present applicant/accused, along with the co- accused persons, allegedly went to the house of the deceased, Sudarshan Chhura, called him outside, abused him and compelled him to accompany them by threatening to disclose an obscene video purportedly relating to him. It is further alleged that thereafter the accused persons demanded money from the deceased and threatened to circulate the said video, on account of which the deceased allegedly committed suicide by jumping from the roof of the house of Rukmini Bariha on 17.10.2025. In connection with the aforesaid incident, Police Station Civil Line registered Crime No. 14/2026 against the applicant and other co- accused persons for the alleged offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and thereafter filed the charge-sheet before the competent Court. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedent registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.01.2026 and trial is likely to take quite long time for its conclusion. Further, the co-accused, namely, Birendra Deep passed in MCRC No. 3198 of 2026 decided on 11.05.2026 has already been granted bail by this Court, therefore, he prays for grant of bail on the 3 ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that the applicant has one criminal antecedent registered under the Arms Act, therefore, he is not entitled for grant of benefit of bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Considering facts and circumstance of the case, particularly taking into account that the applicant is in judicial custody since 11.01.2026, the charge-sheet has already been filed, the trial is likely to take considerable time for its conclusion, there is only one criminal antecedent against the present applicant and the co- accused, namely, Birendra Deep, has already been granted bail by this Court in M.C.R.C. No.3198/2026 vide order dated 11.05.2026, therefore, this Court is inclined to extend the benefit of bail to the present applicant on the ground of parity. Accordingly, without commenting anything on the merits of the case, the application is allowed. 7. Let applicant, Sujal Nayak, involved in Crime No.14/2026, registered at Police Station – Civil Line Raipur, District – Raipur (C.G.) for the offence punishable under Sections 108 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a personal bond with two sureties in the like sum to 4 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 5 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/- (Ramesh Sinha) Chief Justice Saxena