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2026 DAILYLAW 23608 (CHH)

SAHIL MASIH v. STATE OF CHHATTISGARH

MCRC/5656/2026 · 2026-06-28

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Judgment text

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1 2026:CGHC:26313 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5656 of 2026 Sahil Masih S/o Mr. Shanti L Masih Aged About 21 Years R/o Behind Balco Hospital Indiranagar Christian Mohalla Police Station Balco, District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Balco Nagar District- Korba (C.G.) ... Non-Applicant For Applicant : Mr. Sumit Singh Rathore, Advocate For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.06.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 94/2026 registered at Police Station – Balco Nagar, Korba, District- Korba, (C.G.), for the offence punishable under Sections 296, 75(1), 78(1), 109(1) of the Bhartiya Nyaya Sanhita, 2023, and under Sections. 25 & 27 of the Arms Act. 2. The facts of the prosecution case, in brief, are that on 19.02.2026, the complainant lodged a report alleging that on 16.02.2026, the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 present applicant intercepted the complainant’s daughter, caught hold of her hand, and expressed his intention to marry her, thereby attempting to outrage her modesty. It is alleged that she resisted the applicant’s advances and returned home, where she narrated the incident to the complainant. Thereafter, on 18.02.2026, the complainant allegedly confronted the applicant near Belakachar Bridge and warned him to stay away from his daughter. It is further alleged that on the same day at about 11:00 p.m., the applicant came to the complainant’s house, abused him in filthy language, and when the complainant came out after opening the door, the applicant allegedly fired a gunshot at him with an intention to kill him. The complainant narrowly escaped the gunshot by bending down, following which the applicant fled from the spot. On the basis of the aforesaid report, the concerned police registered the crime against the applicant. During the course of investigation, the applicant was arrested in connection with the aforesaid offence. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to personal animosity. It is contended that the applicant has neither committed nor participated in the alleged offences and has been implicated solely on the basis of false and baseless allegations. He further submits that, in fact, the applicant and the daughter of the complainant were in a consensual love relationship and intended to marry each other, to which the complainant was strongly opposed. It is submitted that the complainant had been repeatedly 3 threatening the applicant to discontinue the relationship, failing which he would implicate him in a false criminal case, and since the applicant did not accede to such demands, the present false case has been lodged out of personal vengeance. In support of the said contention, photographs of the applicant along with the complainant’s daughter have been placed on record in a sealed cover. He further submits that the applicant has two criminal antecedents and in one case, he has already been acquitted and one case is pending. It is further submitted that the applicant is a sincere student, has been in judicial custody since 12.05.2026, the charge-sheet has already been filed, and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel has vehemently opposed the bail application and submitted that the charge-sheet has been submitted before the competent Court. She further submits that the allegations against the applicant are grave and serious in nature. It is contended that the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 clearly corroborates the prosecution case. The victim has categorically stated that the applicant had been persistently harassing her for about one year by expressing his love despite her repeated refusal, and that despite being warned by her father and even after his mother was informed about his conduct, the applicant did not mend his ways. She has further stated that on 16.02.2026, the applicant caught hold of her hand, professed his love, 4 expressed his intention to marry her, and made objectionable sexual advances towards her. She has also stated that after her father confronted the applicant, the applicant, on the night of 18.02.2026, came to their house, abused the family in filthy language, and fired at her father with a pistol with an intention to kill him, though he narrowly escaped the gunshot, and thereafter attempted to fire again. She further submits that the applicant has two criminal antecedents, out of which, one case is pending. It is therefore submitted that the statement of the victim lends substantial support to the prosecution case and, considering the seriousness of the allegations and the material collected during investigation, the present applicant is not entitled to be released on 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 and gravity of the allegations, the material available on record, the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, wherein she has specifically supported the prosecution case by stating that the applicant had been continuously harassing her despite her refusal, had caught hold of her hand, expressed his intention to marry her, made objectionable advances, and thereafter came to her house and fired at her father with an intention to kill him, and further the applicant has two previous criminal antecedents, out of which, one case is 5 pending, this Court is of the opinion that there is prima facie sufficient material indicating the involvement of the applicant in the alleged offences. Having regard to the seriousness of the allegations, the nature of the offence, and the stage of the trial, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Sahil Masih, involved in Crime No. 94/2026 registered at Police Station – Balco Nagar, Korba, District- Korba, (C.G.), for the offence punishable under Sections 296, 75(1), 78(1), 109(1) of the Bhartiya Nyaya Sanhita, 2023, and under Sections. 25 & 27 of the Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 Rahul Dewangan