1 2026:CGHC:7608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1481 of 2026 Gulshan Sahu @ Gulshan Kumar Sahu S/o Shri Kishore Sahu Aged About 19 Years R/o Vikash Nagar, Chakarbhatha, P.S. Chakarbhatha, Tehsil And District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Chakarbhatha, Bilaspur, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Sourabh Sharma, Advocate For Non-Applicant/State : Mr. Saurabh Sahu, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.02.2026 1. This is the 8rst bail application 8led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 39/2026 registered at Police Station- Chakarbhatha, Bilaspur, District - Bilaspur, (C.G.) for the o=ence punishable under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story, in brief, is that a report was lodged by the complainant, namely Arnav @ Yug Mishra, at Police Station Chakarbhatha, District Bilaspur, alleging that on 16.01.2026 at about 11:30 PM, after having dinner at Hotel Shiva-In, when he along with his friend reached near the outer gate of the hotel, some persons were standing there, and one person wearing a yellow hoodie jacket demanded money for consuming liquor; upon the complainant’s refusal, the said person started abusing and assaulting him and thereafter took a sum of Rs.900/- from the back pocket of his pant, and all of them, after abusing his friend Shubham Makhija, Bed from the spot while disclosing his name as Avinash Sharma, resident of Chakarbhatha; subsequently, the present applicant was arrested in connection with the said incident, and hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as the allegations levelled against him are false, baseless and malicious. He further submits that the applicant is a young boy aged about 19 years and a student of B.A. (Hons.) (Batch 2025–2029) pursuing his studies at LCIT College of Commerce and Science, Bilaspur, and copies of his college identity card and Class 12th marksheet are 8led as Annexure A/3. It is further submitted that the medical report of the complainant indicates only simple injuries, and the alleged yellow hoodie jacket has been recovered from the other co- accused, namely Priyanshu Pandey, against whom the principal allegation of robbery is made, whereas nothing has been seized 3 from the present applicant and he has been implicated merely on the basis of the memorandum of the co-accused. He further submits that the present applicant has no criminal antecedents, the charge- sheet has been 8led, he is in jail since 17.01.2026, and that the applicant being a student, his studies are seriously prejudiced due to his continued detention in jail, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the present bail application and submits that the charge-sheet has been submitted before the competent Court. He further submits that the present applicant is speci8cally named in the FIR and is alleged to have actively participated in the incident of assault and robbery committed against the complainant. He further submits that the o=ence is of serious nature involving use of force and unlawful taking of money, and the investigation has collected material indicating the involvement of the applicant in the crime, therefore, considering the gravity of the allegations and the role attributed to the applicant, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations levelled against the applicant, the age of the applicant who is a young student of about 19 years, the medical report indicating only simple injuries su=ered by the complainant, he has 4 no previous criminal antecedents, the charge-sheet has been submitted before the competent Court and he is in jail since 17.01.2026, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant – Gulshan Sahu @ Gulshan Kumar Sahu, involved in Crime No. 39/2026 registered at Police Station- Chakarbhatha, Bilaspur, District - Bilaspur, (C.G.) for the o=ence punishable under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on 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 8le an undertaking to the e=ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of his absence, without suHcient 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, 5 proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date 8xed 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 8xed 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 suHcient 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. OHce is directed to provide a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan