Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 33130 (CHH)

AJAY KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/5129/2026 · 2026-08-11

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010216242026 2026:CGHC:35678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5129 of 2026 Ajay Kumar Sahu S/o Late Sunderlal Sahu Aged About 43 Years Caste Teli, R/o Gram Pasaan, Police Station Pasaan, District- Korba, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pasaan, District- Korba, Chhattisgarh ...Non-applicant For Applicant : Mr. Pranjal Agrawal, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 12.08.2026 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. 104/2026 registered at Police Station - Pasaan, District - Korba (C.G.), for the offences punishable under Sections 296, 351(3), 331(6), 324 & 74 of the BNS. 2. The prosecution case, in brief, is that on 04.05.2026, the complainant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.13 11:08:47 +0530 2 lodged a report at Police Station Katghora alleging that at about 12:30 a.m., accused Ajay Sahu alias Laddu came to her house, abused and threatened her and forcibly broke open the gate and entered the house. It is further alleged that the accused caught hold of the complainant’s hand and threatened to kill her, and when her brother- in-law arrived after hearing the commotion, the accused attempted to flee while carrying an iron rod and again threatened to kill them. On the basis of the report, a case was registered and investigation was initiated. During investigation, the accused was interrogated and, pursuant to his memorandum statement, an iron rod measuring about 22 inches, allegedly used in the commission of the offence, was seized in the presence of witnesses. Thereafter, the accused was arrested on 05.05.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to a family dispute between the parties. It is submitted that the applicant had himself approached the police on 03.05.2026 for lodging a complaint regarding the incident, and on 04.05.2026 at about 8:54 a.m., an FIR was registered on his complaint against Mukesh Sahu and Dinesh Sahu, whereas the complainant, who is the wife of Dinesh Sahu, subsequently lodged the present FIR at about 9:30 a.m. It is further submitted that both parties are relatives and the present case has been lodged as a counterblast to the FIR registered at the instance of the applicant. The applicant is the uncle of Mukesh Sahu and Dinesh Sahu, while the complainant is his daughter-in-law, and the allegations against the applicant are false. It is submitted that there is no sufficient prima facie material connecting the applicant with the alleged offence 3 and that he has been in custody since 05.05.2026. Therefore, the applicant deserves to be released on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has four previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 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 of the allegations, and the material available in the case diary, it is observed that the present case arises out of a quarrel between the parties, wherein cross-reports have been lodged by both sides. It is further observed that the injured has sustained simple injuries. The applicant has been in judicial custody since 05.05.2026, and the charge-sheet has already been filed before the competent Court. Considering that the trial is likely to take some time and without expressing any opinion on the merits of the case, this Court is inclined to grant regular bail to the present applicant. Accordingly, the bail application is allowed. 7. Let the Applicant – Ajay Kumar Sahu, involved in Crime No. 104/2026 registered at Police Station - Pasaan, District - Korba (C.G.), for the offences punishable under Sections 296, 351(3), 331(6), 324 & 74 of the BNS, be released on bail on his 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 4 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 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 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 Vaibhav