Extracted from the PDF above. The PDF is authoritative.
1
CGHC010302162026
2026:CGHC:34502
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7142 of 2026 Harsh Sahu S/o Rameshwar Sahu Aged About 20 Years R/o House No. 168, Village Birjhapur, Police Station - Dhamdha, District Durg Chhattisgarh
--- Applicant versus State Of Chhattisgarh Through Police Station Amanaka, District – Raipur, Chhattisgarh. --- Non-applicant Along with MCRC No. 7143 of 2026 Harsh Sahu S/o Rameshwar Sahu Aged About 20 Years R/o House No. 168, Village- Birjhapur, Police Station- Dhamdha, District- Durg, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through - Police Station- Gol Bazaar, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Anmol Sharma, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 06.08.2026
1. The applicant has preferred these First Bail Applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime Nos. 28/2026 and 235/2025, registered at Police Station – Amanaka, District – Raipur (C.G.) and Police Station – Gol Bazaar, District – Raipur (C.G.) for the offence punishable under Sections 303(2) and 3(5) of the BNS. 2. The case of the prosecution in MCRC No. 7142/2026, is that 27.01.2026 complainant Loman Nishad, Lodged a oral complaint to RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 Police Authorities stating that he is a mechanic by profession and on 02.12.2025 he went on duty to Ashok Leyland City Wheels Showroom situated in Tatibandh on his motorcycle splendor bearing registration no. CG-04-PX-6738 and kept his bike in the parking as usual. After working in the showroom, he went to parking so that he can go home but to shock his bike was not in the parking as someone has stolen the same, he tried to enquire and look in the nearby premises but could not therefore he want action on the incident and accordingly an FIR was lodged against unknown persons and started investigation. That the present applicant who was already languishing in Durg jail in another crime no. 4/2026 registered at Police Station Supela Since 24.04.2026 in which the said motorcycle was seized thereafter the applicant was formally arrested in the present crime in production warrant. Hence, the application. 3.
The case of the prosecution in MCRC No. 7143/2026, is that on 09.12.2025 complainant Amar Das Tode, lodged an oral complaint to Police Authorities stating that he is working as a private employee in Municipal Corporation and on 07.12.2025 @3:30 P.M. he went to Gol Bazaar for shopping on his motorcycle splendor bearing registration no. CG-04-PD-6279 and kept his bike in front of Kiran Hotel Jai Stambh Chowk and to for shopping. After completing his work in market when he went to area where he parked his bike so that he can go home but to shock his bike was not in the area where he parked his bike as someone has stolen the same, he tried to enquire and look in the nearby premises but could not therefore he want action on the incident and accordingly an FIR was lodged against unknown persons
3 and started investigation. That the present applicant who was already languishing in Durg jail in another crime no. 4/2026 registered at Police Station Supela Since 24.04.2026 in which the said motorcycle was seized thereafter the applicant was formally arrested in the present crime in production warrant. Hence, the application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 03 other criminal cases registered against the applicant beside these two cases, out of which in two cases the applicant is already enlarged on bail. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 03.06.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there are 03 other criminal cases registered against the applicant beside these two cases, and the charge-sheet has been filed in this case, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7.
Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 03 other criminal cases registered against the applicant beside these two cases, out of which in two cases the applicant is already enlarged on bail, the charge-sheet has been filed
4 in this case, the applicant is in jail since 03.06.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant – Harsh Sahu, involved in Crime Nos. 28/2026 and 235/2025, registered at Police Station – Amanaka, District – Raipur (C.G.) and Police Station – Gol Bazaar, District – Raipur (C.G.) for the offence punishable under Sections 303(2) and 3(5) of the BNS, be released on bail on his furnishing a 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 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
5 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. 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 Rajshekhar