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2026 DAILYLAW 21286 (CHH)

JITENDRA KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/4690/2026 · 2026-06-14

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Judgment text

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1 2026:CGHC:23763 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4690 of 2026 Jitendra Kumar Sahu S/o Shri Mulchand Sahu Aged About 28 Years R/o Village Kansda, P.S. And Tahsil Shivrinarayan, Distt Janjgir-Champa Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S.H.O., Police Station Birra, District – Janjgir- Champa, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.06.2026 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 – Birra, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 331(4), 305 and 61(2) of the BNS. 2. The case of the prosecution, is that the complainant Krishna Sahu lodged the complaint on 30.01.2026 stating that on the intervening night of 29.01.2026 after having dinner, all the family members had gone to sleep in their respective rooms. The complainant was sleeping in her room along with her husband. At about 4:00 A.M., when she woke up, she noticed that the almirah kept in her room was open and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the locker inside the almirah was also found open. Upon verification, it was found that one gold locket valued at Rs. 6,000/-, gold tops valued at Rs. 73,250/-, one pair of silver anklets valued at Rs. 6,750/-, one old used mobile phone valued at Rs. 3,000/- and cash amounting to Rs. 30,000/- were missing from the locker. Thus, property worth a total sum of Rs. 1,19,000/- (Rupees one Lakh Nineteen Thousand only) had allegedly been stolen by some unknown person. During the course of investigation, the applicant was arrested on the basis of the memorandum statement of the co-accused. Hence, this application. 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 are 03 criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the co-accused has been enlarged on bail vide order dated 07.05.2026 passed in MCRC No.3154/2026. The applicant is in jail since 20.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 03 criminal antecedents registered against the present applicant, charge-sheet has been filed, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 3 fact that there are 03 criminal antecedents registered against the present applicant, charge-sheet has been filed in this case and the co- accused has been enlarged on bail vide order dated 07.05.2026 passed in MCRC No.3154/2026 against the applicant, the applicant is in jail since 20.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Jitendra Kumar Sahu, involved in Crime No. 14/2026, registered at Police Station – Birra, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 331(4), 305 and 61(2) of the BNS, 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 with law, under Section 209 of the Bharatiya Nyaya 4 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 Rajshekhar