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2026 DAILYLAW 27271 (CHH)

LAXMAN SAHU v. STATE OF CHHATTISGARH

MCRC/5895/2026 · 2026-07-14

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Judgment text

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1 CGHC010190102026 2026:CGHC:30057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4596 of 2026 Kuldeepak Kumar Sahu S/o Rajkumar Sahu Aged About 30 Years R/o Village Kukra, Arang, Police Station Mandir Hasaud, District Raipur, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Khamtrai, District Raipur, Chhattisgarh. --- Non-Applicant MCRC No. 5895 of 2026 Laxman Sahu S/o Shri Shatrughan Sahu, Aged About 36 Years R/o Gandai Dokna, P.S. Chhui Khadan, District Khairagarh, (C.G.) Presently Resided At - Ganga Nagar, P.S. Khamtarai, District Raipur (C.G.) ---Applicant Versus State Of Chhattisgarh Through The Station House Officer, Police Station Khamtarai, Raipur District Raipur (C.G.) --- Non-Applicant KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.16 19:08:31 +0530 2 MCRC No. 4807 of 2026 Utkarsh Mandal S/o Shri Amiy Mandal Aged About 29 Years R/o Rajnagar P/s Rajnagar Distt. Anuppur M P Presently Dhaneli Rented House Of Harshwardhan Ps Dharsiva Distt. Raipur Cg, Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through P/s Khamtarai Distt. Raipur Cg -- Non-Applicant For Applicant in MCRC No.4596/26 : Shri Sudhanshu Upadhyay, Advocate. For Applicant in MCrC No.4807/26 : Shri Ajay Kumar Mishra, Advocate. For Applicant in MCRC No.5895/26 : Shri PK Patel, Advocate. For Non-Applicant : Miss Anusha Naik, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15/07/2026 1. Since the aforesaid bail applications arise out of same crime number, they are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.262/2026 registered at Police Station Khamtarai, District Raipur (C.G.) for the offence under Section 316 (4) & 3 (5) of the BNS. 3. The prosecution case, in brief, is that complainant Ankur Kumar Jindal, Executive Director of Rama Motorcorp. Ltd., has lodged a 3 written complaint with the concerned Police Station stating that the present applicants and other co-accused persons, who were employees of his company, have committed fraud during the period September, 2025 to April, 2026 and sold spare parts without bill and without the knowledge of the company. During investigation, memorandum statements of accused Utkarsh Mandal and Kuldeepak Sahu were recorded wherein they disclosed that they along with co-accused Chetan Sahu, Harsh Sahu and Laxman Sahu hatched a conspiracy and sold the company’s spare parts without authorization. Pursuant to their disclosure statements, Rs.5,000/- each being part of the sale proceeds of misappropriated articles were seized from their possession. Thereafter, FIR was registered against the applicants. Hence the bail application. 4. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. There is no direct allegation against the present applicants and looking to the material available on record, no case is made out against the applicants. The applicants are in jail since 18.4.2026 & 30.5.2026 respectively. Therefore, the applicants may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications and submit that the applicants do not have any criminal antecedents and the charge 4 sheet has been submitted against the applicants. Therefore, the bail applications may be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicants, the applicants do not have any criminal antecedents, and the applicants are in jail since 18.4.2026 & 30.5.2026 respectively and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. Accordingly, the Applications are allowed. 8. Let the Applicants – Kuldeepak Kumar Sahu, Laxman Sahu & Utkarsh Mandal, involved in Crime No.262/2026 registered at Police Station Khamtarai, District Raipur (C.G.) for the offence under Section 316 (4) & 3 (5) of the BNS, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 5 of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 applicants 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 applicants are 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 them in accordance with law. 6 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Barve