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2026 DAILYLAW 27923 (CHH)

MANOJ SAHU @ DALLU v. STATE OF CHHATTISGARH

MCRC/6449/2026 · 2026-07-19

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Judgment text

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1 CGHC010270202026 2026:CGHC:30660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6449 of 2026 Manoj Sahu @ Dallu S/o Shri Thanu Ram Sahu Aged About 18 Years R/o Ravan Chowk, Tikrapara, Raipur, Tahsil and District - Raipur, C.G. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station- Dharsiwa, District - Raipur, C.G. ... Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.07.2026 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. 279/2026 registered at Police Station – Dharsiwa, District - Raipur (C.G.), for the offences punishable under Sections 309(6) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on the date of the incident, the present applicant, along with the co-accused, allegedly intercepted the complainant and, by threatening him with a knife and causing an injury to his left wrist, robbed him of his mobile phone, cash amounting to Rs. 5,000/-, and a silver bracelet. On the basis of the report lodged by the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.21 14:57:56 +0530 2 complainant, an FIR came to be registered against the applicant and the co-accused for the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the seizure memo prepared by the prosecution is false and fabricated. It is also submitted that the applicant has no previous criminal antecedents. Learned counsel further submits that the charge-sheet has already been filed before the competent Court and that the applicant has been in judicial custody since 05.06.2026. Considering the aforesaid facts and circumstances, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that, as per the prosecution case and the material available on record, the applicant robbed the complainant of his mobile phone, cash amounting to Rs. 5,000/-, and a silver bracelet after inflicting a knife injury on the complainant's left wrist. She also submits that the knife allegedly used in the commission of the offence has been seized from the possession of the present applicant. Therefore, it is contended that the applicant is not entitled to the grant of bail. 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, the nature of allegations, and the material available on record, particularly the fact that the charge-sheet has already been filed, the applicant has no previous criminal antecedents and he is in jail since 05.06.2026, this Court is of the view that the present applicant is entitled to be released on 3 bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Manoj Sahu @ Dallu, involved in Crime No. 279/2026 registered at Police Station – Dharsiwa, District - Raipur (C.G.), for the offences punishable under Sections 309(6) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before 4 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 her 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 Preeti