Extracted from the PDF above. The PDF is authoritative.
1
CGHC010222112026
2026:CGHC:30990
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5309 of 2026 1 - Rahul Kumar Sahu S/o Mr. Ramaasare Sahu Aged About 26 Years R/o Ward No. 11, Nayapara, Near Santoshi Temple, Sirgitti Township And District- Bilaspur Chhattisgarh
... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Chakarbhatha, District- Bilaspur Chhattisgarh
... Respondent(s) For Applicant(s) : Mr. Yashkaran Singh, Advocate For Respondent(s)/State : Ms. Smriti Shrivastava, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of RUCHI YADAV Digitally signed by RUCHI YADAV
2 regular bail to the applicant, who has been arrested in connection with Crime No. 0255/2026 registered at Police Station- Chakarbhatha, District- Bilaspur (Chhattisgarh), for the offences punishable under Sections 309(4) and 3(5) of BNS. 2. As per the prosecution case, on 29.04.2026, at about 10:00 PM, the complainant was winding up his work. Thereafter, at about 10:30 PM, while returning after having dinner at a restaurant, a few unknown persons, travelling on an unidentified motorcycle, allegedly intercepted him and forcibly snatched cash amounting to ₹5,000 and his mobile phone, also valued at approximately ₹5,000, before fleeing from the spot. On the basis of the said incident, the offence has been registered 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 applicant has not committed the alleged offences and that his implication is based merely on suspicion and conjectures, without any cogent or reliable material connecting him with the alleged incident. It is also submitted that the investigation is complete, the charge-sheet has been filed, and the applicant is in judicial custody since 07.05.2026. It is further submitted that the trial is likely to take considerable time to conclude, and there is no likelihood of the applicant absconding or tampering with the prosecution evidence. Accordingly, it is prayed that the applicant be enlarged on bail. 3
4. Per contra, learned State counsel opposes the bail application and submits that the alleged recovery has been effected from the possession of the applicant and that he has one criminal antecedent. It is, therefore, prayed that the bail application be dismissed. 5.
I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature of the allegations, the period of custody undergone by the applicant since 07.05.2026, the fact that the investigation has been completed and the charge-sheet has been filed and the likelihood that the trial will take considerable time for its conclusion, this Court is of the considered view that, without commenting upon the merits of the case, the applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed. 7. Let the Applicant – Rahul Kumar Sahu involved in Crime No.- 0255/2026 registered at Police Station- Chakarbhatha, District- Bilaspur (Chhattisgarh), for the offences punishable under Sections 309(4) and 3(5) of BNS, 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
4 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 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
5 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