1 2026:CGHC:7640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 793 of 2026 Karan Sahu @ Chhotu S/o Sant Ram Sahu Aged About 22 Years R/o Durgamandir, Kundrapara, Village Tifra, P.S. Sirgitti Distt. Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Tarbaahar Distt. Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Nikhil Kumar Pandey, Advocate. For Respondent(s) : Ms. Sameeksha Gupta, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/02/2026 1. This is the first bail application filed 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. 360/2024 registered at Police Station Tarbaahar Distt. Bilaspur (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 140, 119, 115(2), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 14.11.2024 at about 04:30 a.m., the complainant Manoj Kumar was proceeding from Bilaspur Railway Station towards Sirgitti. Near Bangla Yard, Tarbahar, the present applicants allegedly came on a motorcycle bearing registration No. CG-10-BR-6095 and forcibly made the complainant sit between them. They allegedly took him towards Sirgitti and demanded money for intoxication and for purchasing a vehicle. Upon the complainant’s refusal, the applicants are alleged to have assaulted him and threatened him with dire consequences, including stabbing him to death, and wrongfully confined him. It is further alleged that under threat, the complainant was compelled to call his family members and falsely inform them that he had met with an accident, pursuant to which an amount of Rs. 3,500/- was transferred online to the mobile number of applicant Nishant Sahu. The complainant is alleged to have remained under the custody of the applicants throughout the day and managed to escape at about 08:00 p.m. near Indra Chowk. Thereafter, he reached Uslapur Railway Station and informed his family members. On the basis of an oral report lodged on 15.11.2024, FIR No. 360/2024 was registered at Police Station Tarbahar under Sections 140, 119, 115(2) and 3(5) of the Bharatiya Nyaya Adhiniyam, 2023. During investigation, the applicants were arrested and the motorcycle, alleged weapon, and cash amount were seized. After completion of investigation, 3 charge-sheet has been filed and the applicants are presently in judicial custody. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the present applicant has been implicated as a co-accused, and no specific overt act of a grave or exceptional nature has been attributed to him so as to distinguish his role from that of the main accused. The allegations against the applicant are omnibus and general in nature, without any specific material indicating his direct involvement in the commission of the alleged offence. He also submits that no Test Identification Parade (TIP) was conducted by the Investigating Agency during the course of investigation. The complainant did not identify the present applicant through any legally recognized identification procedure at any stage prior to filing of the charge- sheet. In the absence of a TIP, any identification of the applicant for the first time before the Court would be a weak piece of evidence and would carry little evidentiary value in the eyes of law. It is well settled that identification in Court without prior TIP is inherently fragile and requires corroboration. The failure of the prosecution to conduct a TIP, particularly when the applicant was not previously known to the complainant, creates a serious doubt regarding his alleged involvement in the offence. The applicant is in jail since 15.11.2024, the applicant has two criminal antecedents of the years 2023 and 2025 under the IPC, which are 4 pending, so far as the status of trial is concerned, out of 14 witnesses, statement of 3 witnesses have been recorded, including the abductee, further charge-sheet has been filed 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 bail application and submits that the charge-sheet has been filed in the present case. She further submits that the allegation against the applicant is that he, along with the co-accused, forcibly made the complainant sit on a motorcycle in the early morning hours, wrongfully confined him, demanded money, and allegedly threatened and assaulted him. It is further alleged that under threat, the complainant was compelled to call his family members and arrange transfer of Rs. 3,500/- to the mobile number of one of the co-accused. The applicant has been implicated as one of the persons present at the time of the alleged incident. So far as criminal antecedents of the applicant are concerned, the applicant has two criminal antecedents of the years 2023 and 2025 under the IPC. Therefore, 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. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 15.11.2024, the fact that though the allegation against the 5 applicant is that he, along with the co-accused, allegedly abducted and wrongfully confined the complainant, demanded money, and threatened him, pursuant to which Rs. 3,500/- was transferred to the co-accused, but considering the fact that the abductee was immediately recovered after the incident, so far as the status to trial is concerned, out of 14 witnesses, statement of 3 witnesses have been recorded, including the abductee, further considering the criminal antecedents of the applicant, which are two in number of the years 2023 and 2025 under the IPC, which are pending and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Karan Sahu @ Chhotu, involved in Crime No. 360/2024 registered at Police Station Tarbaahar Distt. Bilaspur (C.G.) for the offence punishable under Sections 140, 119, 115(2), 3(5) of 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 6 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil