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2026 DAILYLAW 34333 (CHH)

SAHIL KUMAR VAGLE v. STATE OF CHHATTISGARH

MCRC/8125/2026 · 2026-09-01

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Judgment text

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1 CGHC010317582026 2026:CGHC:38834 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8125 of 2026 Sahil Kumar Vagle S/o Mohan Lal Vagle, Aged About 21 Years R/o Ompur, Rajgamar, Guru Ghasidas Chowk, Chowki Rajgamar, Thana Balco, District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station Urga, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Siddharth Sahu, Advocate. For Non-applicant/State. : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.09.2026 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. 351/2026 registered at Police Station - Urga, District – Korba (C.G.), for the offences punishable under Sections 303(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023. 2. As per the prosecution case, in brief, the complainant, namely Chhotelal Gond, had brought the Tata Dagger vehicle bearing Registration No. CG- 12BT-2852, belonging to his brother-in-law, namely Vishnu Singh Markam. Thereafter, during the intervening night of 18th and 19th June, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.09.02 16:53:06 +0530 2 2026, an unknown person allegedly stole the said Tata Dagger vehicle bearing Registration No. CG-12BT-2852. Thereafter, the complainant lodged an FIR against the unknown person, and during the course of investigation, the police arrested the applicant. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. He further submits that the said vehicle was not seized from the possession of the applicant, but was recovered from an open place. He also submits that, although the applicant has two criminal antecedents, both cases have already been disposed of, and the explanations in respect thereof have been provided in Part D of the present bail application. He further submits that no recovery of the alleged stolen vehicle was made from the possession of the applicant, that the applicant has been in custody since 15.07.2026, and that the conclusion of the trial is likely to take some time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the applicant, particularly the fact that the alleged stolen vehicle was not recovered from the possession of the applicant but was seized from an open place, that the applicant's two criminal antecedents have already been disposed of and explanations in respect thereof have been furnished in Part D of the bail application, the charge-sheet has already been submitted before the competent Court in the present case, that the applicant has been languishing in jail since 3 15.07.2026, and that the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Sahil Kumar Vagle, involved in Crime No. 351/2026 registered at Police Station - Urga, District – Korba (C.G.), for the offences punishable under Sections 303(2) and 3(5) of the Bhartiya Nyay 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 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 4 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