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2026 DAILYLAW 27149 (CHH)

RAJESH SISODIYA v. STATE OF CHHATTISGARH

MCRC/3949/2026 · 2026-07-15

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1 CGHC010169342026 2026:CGHC:30241 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3949 of 2026 1 - Rajesh Sisodiya S/o Late Jaharsingh Sisodiya Aged About 42 Years R/o Pardhipara, Village Siltara, P.S. Dharsiwa Raipur Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Dharsiwa Raipur District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. C.R. Sahu, Advocate For Respondent(s)/State : Ms. Palak Dwivedi, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2026 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. 70/2026 registered at Police Station- Dharsiwa, Raipur, RUCHI YADAV Digitally signed by RUCHI YADAV 2 District- Raipur (C.G.) for the offence punishable under Sections 333, 119(1), 351(2) and 296 of Bhartiya Nyay Sanhita 2023 and Section 25 of Arms Act. 2. The prosecution case, in brief, is that a report was lodged alleging that the applicant/accused forcibly opened the door of an English liquor shop situated at Silatra, unlawfully entered the premises while carrying a long knife concealed behind his waist, and demanded money as well as liquor from the complainant. It is further alleged that the applicant abused the complainant in obscene language and thereby committed the alleged offences. On the basis of the said report, the police registered the offence against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the alleged incident arose out of a previous enmity between the applicant and the complainant and the applicant neither assaulted the injured nor committed any of the offences alleged by the prosecution. It is also contended that the applicant has been implicated merely on the basis of the memorandum of a co-accused and injuries sustained by the injured are simple in nature. It is further submitted that the charge-sheet has already been filed, the applicant has been in judicial custody since 01.02.2026, and the conclusion of the trial is likely to take considerable time. Therefore, the applicant prays for grant of regular bail. 3 4. Learned State counsel opposes the prayer for grant of bail and submits that the applicant has been rightly implicated on the basis of the material collected during the course of investigation. It is contended that the allegations against the applicant are serious in nature and, although the charge-sheet has been filed, the material collected during the investigation discloses sufficient grounds connecting the applicant with the commission of the alleged offences. Therefore, considering the gravity of the offence and the material available on record, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the fact that the applicant is alleged to have been implicated on the basis of the memorandum of a co-accused, the injuries sustained by the injured are stated to be simple in nature, the charge-sheet has already been filed, the applicant has remained in judicial custody since 01.02.2026, and the conclusion of the trial is likely to take considerable time, this Court is of the opinion that further custodial detention of the applicant is not warranted. Without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. Accordingly, the bail application is allowed. 7. Let the Applicant – Rajesh Sisodiya involved in Crime No.- 70/2026 registered at Police Station- Dharsiwa, Raipur, District- 4 Raipur (C.G.) for the offence punishable under Sections 333, 119(1), 351(2) and 296 of Bhartiya Nyay Sanhita 2023 and Section 25 of Arms Act, 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 5 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. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 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 Ruchi