Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 20661 (CHH)

RUPESH KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/4347/2026 · 2026-05-07

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:21681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4347 of 2026 Rupesh Kumar Sahu S/o Dwarika Prasad Sahu Aged About 29 Years R/o Village- Mahkam PS - Kasdol Police Chowki- Sonakhan District- Balodabazar-Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Kasdol District- Balodabazar-Bhatapara (C.G.) ... Non-applicant ___________________________________________________ For Applicant :Mr. Kamlesh Patel, Advocate. For Non-applicant/State :Mr. Soumya Rai, Dy. G.A Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2026 1. The Applicant has preferred this 2nd Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.05.11 10:34:36 +0530 2 for grant of regular bail, as he has been arrested in connection with Crime No.378/2025 registered at Police Station – Kasdol, District Balodabazar-Bhatapara (C.G.), for the offence under Sections 318(4), 316(5), 318(3), 3(5) and 111 BNS, 2023. Earlier application was rejected on merits vide order dated 09.12.2025 passed in M.Cr.C. No.8631/2025. 2. As per the prosecution story, on 01.06.2025, the complainant- Gopal Prasad Dewangan lodged a written complaint alleging that while undertaking aluminium railing work at the residence of accused persons namely Ramnarayan Sahu, Gulshan Sahu and Kusum Rani Sahu, he was induced on the pretext that his money would be doubled through investment in the share market, pursuant to which he allegedly paid a total amount of Rs.19,43,000/- to the accused persons. On the basis of the aforesaid allegations, the present offences came to be registered against the present Applicant. Hence this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case, who is in jail since 28.06.2025, co-accused Diwakar Avsariya has already been granted bail by this Court vide order dated 24.03.2026 passed in M.Cr.C No.2759/2026, 3 Anita Devi Sahu and Kumari Kusum Rani Sahu have been granted bail on 09.10.2025 in M.Cr.C No.7007/2025, Chandraprakash was granted bail on 13.03.2026 in M.Cr.C No.1915/2026 and co-accused Leeladhar Prasad was also granted bail vide order dated 28.04.2026 passed in M.Cr.C. No.3864/2026. It is lastly submitted that conclusion of trial is likely to take quite some time, therefore, the Applicant may be granted bail on the grounds of parity. 4. On the other hand, learned counsel for the State opposes the bail application and does not dispute the fact that the said co- accused have been granted bail by this Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the pre-trial detention, charge sheet has been filed and that the co- accused Diwakar Avsariya has already been granted bail by this Court vide order dated 24.03.2026 passed in M.Cr.C No.2759/2026, Anita Devi Sahu and Kumari Kusum Rani Sahu have been granted bail on 09.10.2025 in M.Cr.C No.7007/2025, Chandraprakash was granted bail on 13.03.2026 in M.Cr.C No.1915/2026 and co-accused Leeladhar Prasad was also granted bail vide order dated 4 28.04.2026 passed in M.Cr.C. No.3864/2026, further considering the likelihood of the trial taking considerable time, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the application is allowed. 7. Let applicant- Rupesh Kumar Sahu involved in Crime No.378/2025 registered at Police Station – Kasdol, District Balodabazar-Bhatapara (C.G.), for the offence under Sections 318(4), 316(5), 318(3), 3(5) and 111 BNS, 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 5 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya