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2026 DAILYLAW 20806 (CHH)

GULSHAN KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/4277/2026 · 2026-05-06

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Judgment text

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1 2026:CGHC:21410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4277 of 2026 1 - Gulshan Kumar Sahu S/o Vaman Sahu Aged About 29 Years R/o Village Dutkaiya (Khapri), P.S. Rajim, District Gariabandh, Chhattisgarh. 2 - Narendra Sahu S/o Laxman Sahu Aged About 27 Years R/o Village Parsadajoshi, P.S. Rajim, District Gariabandh, Chhattisgarh. 3 - Manish Sahu S/o Bisnath Vishwanath Sahu Aged About 32 Years R/o Village Parsadajoshi, P.S. Rajim, District Gariabandh, Chhattisgarh. 4 - Piyush Sahu Pintu S/o Purushottam Sahu Aged About 19 Years R/o Parsadajoshi, P.S. Rajim, District Gariabandh, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station – Rajim, District – Gariabandh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Siddharth Pandey, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.05.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 31/2026 registered at Police Station – Rajim, District – Gariabandh (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 332(b), 332(c), 109(1), 190, 191(2), 191(3), 326(g), 238, 117(2) and 118(2) of BNS. 2. As per the prosecution’s story, a Dehati Nalishi was lodged by the complainant, namely, Kasmuddin Quraishi @ Raju Khan, on 02.02.2026 at about 13:30 hours, to the effect that he is a matriculation pass and is engaged in the business of property RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 dealing. It was further alleged that his neighbour, namely, Aarif Khan, had gone to jail for breaking and damaging a Shivaling, and after being released from jail, created a ruckus in the village by assaulting the villagers of Village Dutkaiya and nearby villagers of Village Parsada on the intervening night of 31.01.2026 and 01.02.2026. It was further alleged that, on account of the said ruckus, the villagers became annoyed on 01.02.2026. It has also been alleged that the villagers/victims of the assault and ruckus committed by Aarif Khan surrounded the complainant and his family members, damaged his house, and abused him in filthy language when the complainant and his family members attempted to restrain them. 3. It is also alleged that the villagers, namely, Bhupendra Sahu, Upendra Sahu, Amar Sahu, Bholashankar Sahu, Karan Patel, and all other residents of Village Dutkaiya (Khapri), in furtherance of their common intention, committed marpeet with the complainant and caused injuries by means of knives, rods, and sticks, and further set ablaze the articles kept in the house as well as the vehicles. It was further alleged that the neighbours of the complainant, namely, Anwar Khan and Balla @ Amjad Khan, were also assaulted by the miscreants, and their houses as well as vehicles were also set ablaze. It was also alleged that the accused persons, namely, Bhupendra Sahu, Upendra Sahu, Amar Singh Sahu, Bhola Shankar Sahu, Karan Patel, and other persons assaulted the complainant using iron rods and bricks, which caused injuries to the police personnel who were escorting the complainant and other victims from the place of incident. On the basis of the 3 aforesaid allegations, an FIR was registered. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that the applicants were arrested on 01.04.2026 and 09.02.2026, and the charge-sheet was filed on 07.04.2026. The conclusion of the trial is likely to take a considerable amount of time as there are 81 cited prosecution witnesses, and till date, charges have not yet been framed against the accused persons, including the present applicants. He submits that the applicants have no criminal antecedents and they are in jail since 01.04.2026 and 09.02.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, the learned State Counsel opposes the bail application of the present applicants and submits that the applicants are involved in a serious offence wherein, along with other co- accused persons, he participated in an unlawful assembly, assaulted the complainant, his family members, and Police personnel with deadly weapons, caused injuries, and set houses and vehicles on fire. Considering the grave nature of the allegations, the applicant’s active participation in the offence, and the seriousness of the incident, the applicants are not entitled to the grant of regular bail, and therefore, the bail application deserves to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the aforesaid facts and circumstances of the case, 4 particularly the serious and grave nature of the allegations against the applicants, their active participation in the unlawful assembly, assault on the complainant, his family members, and Police personnel, as well as the allegations of arson and destruction of property, this Court is not inclined to extend the benefit of regular bail to the applicants. Therefore, looking to the gravity of the offence and the manner in which it was allegedly committed, the bail application filed by the applicants deserves to be and is hereby rejected. 8. Accordingly, this bail application of applicants – Gulshan Kumar Sahu, Narendra Sahu, Manish Sahu, and Piyush Sahu Pintu involved in Crime No. 31/2026 registered at Police Station – Rajim, District – Gariabandh (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 332(b), 332(c), 109(1), 190, 191(2), 191(3), 326(g), 238, 117(2) and 118(2) of BNS, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 10. 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 Rajshekhar