Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 30755 (CHH)

VINAY SAHU v. STATE OF CHHATTISGARH

MCRC/7555/2026 · 2026-08-13

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010310722026 2026:CGHC:36322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7555 of 2026 1 - Vinay Sahu S/o Late Dashrath Lal Sahu Aged About 32 Years R/o Village - Nevra, Tahsil - Takhatpur, Police Station - Kota, District - Bilaspur (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Sakri, District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Divya Sahu, Advocate For Respondent(s)/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 359/2026 registered at Police Station Sakri, RUCHI YADAV Digitally signed by RUCHI YADAV 2 District Bilaspur (Chhattisgarh), for the offences punishable under Sections 140(3), 308(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, namely Sakshi Sudhir Joshi, lodged a written complaint alleging that the accused persons, including the present applicant, kidnapped her son Mayank Joshi and his friends, threatened them with death and attempted to extort money by intimidation. It is alleged that the victims were called to the house of co-accused Satish Mishra, where they were threatened and confined, and thereafter taken in vehicles to unknown places before being dropped at Nehru Chowk. On the basis of the complaint, Crime No. 359/2026 was registered at Police Station Sakri, District Bilaspur, for the offences punishable under Sections 140(3), 308(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the other co-accused persons, namely Satish Mishra and Ashish Sharma, have already been granted bail by this Court vide orders dated 09.07.2026 passed in MCRC No. 4402/2026 and 04.08.2026 passed in MCRC No. 7051/2026, respectively, and therefore, the applicant also deserves to be granted bail on the ground of parity. Learned counsel further submits that the applicant has been in judicial custody since 04.06.2026, has no criminal antecedents, the investigation has been completed and the charge-sheet has already been filed. It is further submitted that the trial is likely to take considerable time to conclude. Therefore, it is prayed that the applicant may kindly be enlarged on bail. 3 4. Learned State counsel opposes the bail application and submits that although the charge-sheet has been filed and the applicant has no criminal antecedents, considering the nature and gravity of the alleged offences and the material available on record, the applicant does not deserve to be enlarged on bail. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, the fact that the investigation has been completed and the charge-sheet has already been filed, the applicant has no criminal antecedents, and the co-accused persons, namely Satish Mishra and Ashish Sharma, have already been granted bail by this Court, this Court is of the considered view that the applicant deserves to be enlarged on bail on the ground of parity. The applicant has been in judicial custody since 04.06.2026 and the trial is likely to take considerable time to conclude. Without commenting on the merits of the case, the bail application deserves to be allowed. 7. Accordingly, the bail application is allowed. Let the Applicant –Vinay Sahu involved in Crime No. 359/2026 registered at Police Station Sakri, District Bilaspur (Chhattisgarh), for the offences punishable under Sections 140(3), 308(5) and 3(5) of the Bharatiya 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 4 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 5 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