1 CGHC010210252026 2026:CGHC:30987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5384 of 2026 Sanjay Sahu S/o Bhikham Lal Sahu Aged About 26 Years R/o House No. A- 8 Harshit Neo City Village And Post Sankarra Police Thana Amleshwar Tahsil Patan District Durg C.G. ...Applicant versus State Of Chhattisgarh Through- Station House Officer Police Station Amleshwar District Durg C.G. ... Non-applicant For Applicant : Mr. Ashok Patil, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.07.2026 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. 40/2026, registered at Police Station – Amleshwar District - Durg (C.G.) for the offence punishable under Sections 137(2), 140(4), 308(4),61(2) & 111 of the BNS, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.22 11:06:20 +0530 2 2. According to the prosecution, the complainant, Santosh Sahu, who is a relative of the present applicant, lodged an FIR on 12.04.2026 alleging that while his son and nephew were repairing a vehicle near Tiranga Chowk, Amleshwar, a grey-coloured Santro car stopped at the spot and its occupants induced his son to sit inside the vehicle, whereafter he was allegedly abducted. It is further alleged that, after the incident, the complainant received a ransom call from mobile No. 9392734112, demanding Rs.1 crore for the safe release of his son. During the course of investigation, the police implicated the present applicant along with other co-accused persons and registered the offence under Sections 137(2), 140(4), 308(4), 61(2), and 111 of the Bharatiya Nyaya Sanhita, 2023, alleging his involvement in the commission of the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The dispute between the parties is essentially civil in nature, as a civil suit bearing Filing No. 935/2025 is already pending before the competent Civil Court at Raipur, wherein notices have been issued to the defendants (Annexure A/2). There is no direct material connecting the applicant with the alleged offence, and no evidence whatsoever, including any telephonic call made by the applicant demanding a ransom of Rs.1 crore from the complainant, has been collected during the investigation. Prior to the registration of the present FIR, the applicant had himself approached the Inspector General of Police by way of an application dated 23.02.2026 seeking registration of an FIR against Gajendra Sahu, a relative of the complainant, but no action 3 was taken thereon (Annexure A/3). Similarly, the applicant had earlier submitted a written complaint dated 12.01.2026 requesting registration of an FIR against Rashmi Dubey and Gajendra Sahu for committing robbery, yet the concerned police authorities failed to register any case against them. These circumstances clearly indicate that the present prosecution is a counterblast to the applicant's complaints and that he has been falsely roped into the case. It is further submitted that the applicant has no criminal antecedents, is the sole breadwinner of his family, and has been in judicial custody since 13.04.2026, it is prayed that the applicant be enlarged on 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 not yet been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has not yet been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 13.04.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Sanjay Sahu, involved in Crime No. 40/2026, registered at Police Station – Amleshwar District - Durg (C.G.) for the offence punishable under Sections 137(2), 140(4), 308(4),61(2) & 111 of the 4 BNS, 2023, be released on bail on furnishing personal bond with two local 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav