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2026 DAILYLAW 24436 (CHH)

NITESH SAHU v. STATE OF CHHATTISGARH

MCRC/5830/2026 · 2026-07-01

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Judgment text

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1 2026:CGHC:27214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5830 of 2026 Nitesh Sahu S/o Munna Sahu Aged About 20 Years R/o 26/91, Shiv Mandir Ke Pass, Gali No. 4, Raja Talab, Raipur, Police Station Civil Line, District : Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through- Station House Officer (S. H. O.) Police Station- Civil Line, District : Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Vimal Pathak, Advocate. For Non-applicant/State. : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2026 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. 226/2026 registered at Police Station Civil Line, District – Raipur (C.G.), for the offences punishable under Section 309(6) of the Bhartiya Nyay Sanhita (BNS). 2. As per the prosecution story, the complainant, along with his brother, was returning to their shop at around 11:40 p.m. On their way, near Silas Bhawan, Raja Talab, Raipur, they were allegedly intercepted by Naresh Sonkar and his two companions, Rahul Yadav and the present ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.03 11:06:00 +0530 2 Applicant/Accused, Nitesh Sahu. It is alleged that Rahul Yadav forcibly inserted his hand into the pocket of the complainant’s pants and attempted to snatch his money, which led to a confrontation. During the incident, the accused persons allegedly assaulted the complainant with their hands and fists and took away Rs. 100/- in cash along with a neckband worth Rs. 3,000/-. On the basis of the aforesaid allegations, Crime No. 226/2026 was registered at Police Station Civil Lines, Raipur, and the accused persons were arrested. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the foresaid case. He submits that the applicant and the complainant are known to each other. There was a dispute between them regarding the payment of wages for labour, and the said simple dispute has been given the colour of a case of robbery against the applicant. He also submits that the charge-sheet has already been filed in the matter, and therefore, the further custodial interrogation of the applicant is no longer required. Consequently, no useful purpose would be served by keeping him in judicial custody any longer. He also submits that the present applicant has no criminal antecedents and he is in jail since 13.04.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the present applicant has no criminal antecedents, 3 furthermore, the charge-sheet has already been submitted before the competent Court in the present case and the applicant has been languishing in jail since 13.04.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Nitesh Sahu, involved in Crime No. 226/2026 registered at Police Station Civil Line, District – Raipur (C.G.), for the offences punishable under Section 309(6) of the Bhartiya Nyay Sanhita (BNS), 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 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 his 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 4 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. 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 Abhishek