Extracted from the PDF above. The PDF is authoritative.
1
CGHC010178772026
2026:CGHC:30022
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4217 of 2026 Nandlal Sahu S/o Raddu Sahu Aged About 30 Years R/o Village- Chhotupara, Police Station And Tahsil- Sahaspur Lohara, District – Kabirdham, Chhattisgarh.
--- Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Sahaspur Lohara, District- Kabirdham, Chhattisgarh.
--- Non-Applicant MCRC No. 5946 of 2026 Nandlal Sahu S/o- Raddu Sahu Aged About 30 Years R/o- Village -Chhotupara, Sahaspur Lohara, Police Station and Tahsil Sahaspur Lohara, District- Kabirdham,Chhattisgarh.
---Applicant Versus State of Chhattisgarh Through Station House Officer, Police Station- Chhuikhadan (Wrongly Mentioned As Chhuikhada In The Order-Sheet) District- Khairagarh- Chhuikhadan- Gandai (K.C.G.) (C.G.)
--- Non-Applicant MCRC No. 4233 of 2026 Nandlal Sahu S/o Raddu Sahu Aged About 30 Years R/o Village - Chhotupara, Police Station and Tahsil - Sahaspur Lohara, District- Kabirdham (C.G.)
---Applicant Versus State of Chhattisgarh Through Station House Officer, Police Station - Sahaspur Lohara, District- Kabirdham (C.G.)
--- Non-Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.16 11:37:56 +0530
2
For Applicants : Mr. Chandrikaditya Pandey, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 15.07.2026
1. Since the above-mentioned three bail applications arise out of same applicant, they are clubbed and heard together and are being disposed of by this common order.
2. These are the first bail applications 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. 10/2026 (in MCRC No. 4217/2026), Crime No. 261/2025 (in MCRC No. 4233/2026) and Crime No. 102/2026 (in MCRC No. 5946/2026) registered at Police Station - Sahaspur Lohara, District- Kabirdham (C.G.) (in MCRC Nos. 4217/2026 and 4233/2026) and at Police Station – Chhuikhadan, District - Khairagarh- Chhuikhadan- Gandai (C.G.) (in MCRC No.5946/2026) for the offence punishable under Sections 305(a), 62 of Bharatiya Nyaya Sanhita (in MCRC Nos. 4217/2026 and 4233/2026) and under Sections 331(4), 305(e), 62 and 324(3) of Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that during the period between November, 2025 and March, 2026, a series of incidents involving attempted thefts from ATM machines by using gas cutters took place within the jurisdiction of different police stations. It is alleged that unknown persons attempted to break open and cut ATM machines installed at various bank premises with the intention of committing theft of the cash kept therein. During the course of investigation, the present
3 applicant came to be implicated and was arrested on 24.03.2026. After completion of the investigation, the police filed the respective charge-sheets against the applicant and other accused persons for the offences alleged therein.
4.
Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. He further submitted that the entire case is based on circumstantial evidence, and there is no eye-witness to the alleged incident. The alleged recovery, if any, has no independent corroboration. He also submits that no recovery has been made from the present applicant and his alleged involvement is only based on a memorandum statement. Further, the charge-sheet has been filed and he is in jail since 24.03.2026 (in MCRC Nos. 4217/2026 and 4233/2026) and he is in jail since 23.04.2026 (in MCRC No. 5946/2026) It is prayed that the applicant may be enlarged on bail. 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed. 6. I have heard learned counsel appearing for the parties and perused the document available on record. 7. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that no recovery has been made from the present applicant and he is in jail since 24.03.2026 and 23.04.2026, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the Applicant - Nandlal Sahu involved in Crime No. 10/2026 (in MCRC No.
4 4217/2026), Crime No. 261/2025 (in MCRC No. 4233/2026) and Crime No. 102/2026 (in MCRC No. 5946/2026) registered at Police Station - Sahaspur Lohara, District- Kabirdham(C.G.) (in MCRC Nos. 4217/2026 and 4233/2026) and at Police Station – Chhuikhadan, District - Khairagarh- Chhuikhadan- Gandai (C.G.) for the offence punishable under Sections 305(a), 62 of Bharatiya Nyaya Sanhita (in MCRC Nos. 4217/2026 and 4233/2026) and under Sections 331(4), 305(e), 62 and 324(3) of Bharatiya Nyaya Sanhita, 2023 (in MCRC No. 5946/2026) 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 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
5 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 copy of this order to the trial Court for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
Chief Justice Preeti