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2026 DAILYLAW 29936 (CHH)

HARISH KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/6822/2026 · 2026-07-29

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Judgment text

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1 CGHC010290172026 2026:CGHC:32888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6822 of 2026 Harish Kumar Sahu S/o Narendra Kumar Sahu, Aged About 21 Years R/o Near Gayatri Mandir, Balodabazar P.S. Balodabazar, Dist. Balodabazar - Bhatapara, (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station City Kotwali Balodabazar, Distt. - Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2026 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. 336/2026 registered at Police Station – City Kotwali, District – Balodabazar- Bhatapara (C.G.), for the offence punishable under Sections 351(2), 296, 191(2), 191(3), 190, 109(1), 115(2), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, in brief, the complainant, Bhimbali Sahu, lodged a complaint on 23.04.2026 alleging that on 21.04.2026, he had uploaded a threatening status on his Instagram account concerning the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.31 11:11:33 +0530 2 co-accused, namely Rahul Bharti and Rahul Jaykar. It is further alleged that on the same day, at about 2:00 PM, near Khorsi Nala, he was confronted by Rahul Bharti, Manu Sahu, Anurag Banjare, and their associates. They allegedly abused him in filthy language, threatened him with dire consequences, physically assaulted him, and attempted to kill him by pouring petrol on his head and trying to ignite it with a matchstick. However, upon noticing a crowd gathering and people approaching the spot, they fled from the scene. On the basis of the said complaint, an FIR was registered against the co-accused, namely Rahul Bharti, Manu Sahu, Anurag Banjare, and their associates. During the course of the investigation, the present applicant was also implicated in the case and was arrayed as an accused. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He further submits that the applicant has no criminal antecedents. It is also contended that another co-accused, namely Durgesh Das Manikpuri, has already been granted bail by this Court vide order dated 28.07.2026 passed in MCRC No. 5633 of 2026, Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. However, she could not dispute the fact that identically situated co-accused person has already been granted regular bail by this Court. 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, particularly that the applicant has no criminal antecedents, further, the 3 co-accused, namely Durgesh Das Manikpuri, has already been granted bail by this Court vide order dated 28.07.2026 passed in MCRC No. 5633 of 2026, moreover, the fact that the charge-sheet has already been filed before the competent Court, the applicant has been in custody since 24.04.2026, and the conclusion of the trial is likely to take considerable time. Therefore, this Court is of the view that the applicant is entitled to be released on bail on the ground of parity. 7. Let the Bail of the Applicant – Harish Kumar Sahu, involved in Crime No. 336/2026 registered at Police Station – City Kotwali, District – Balodabazar- Bhatapara (C.G.), for the offence punishable under Sections 351(2), 296, 191(2), 191(3), 190, 109(1), 115(2), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek