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2026 DAILYLAW 37996 (CHH)

SUMIT SAHU v. STATE OF CHHATTISGARH

MCRC/8630/2026 · 2026-09-28

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010352362026 2026:CGHC:42426 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8630 of 2026 Sumit Sahu S/o Devnarayan Sahu Aged About 20 Years R/o L I G 624, Behind Kali Badi Padmanabhpur, Police Station Padmanabhpur, District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through S H O, Police Station Padmanabhpur, District- Durg (C.G.). ... Non-Applicant For Applicant : Mr. Gyan Prakash Shukla, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 29/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 253/2026, registered at Police Station Padmanabhpur, District – Durg for the offences punishable under Sections 109(1), 296, 115(2), 351(3), 118(1), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 25 & 27 of the Arms Act. 2. The case of the prosecution, in brief, is that complainant Himanshu Devdas lodged an FIR on 01.05.2026 stating that on 30.04.2026, he along with his friend Himanshu Sahu went to Borsi on a borrowed motorcycle to attend a 2 marriage function. After they parked the motorcycle, co-accused ABC (CICL) took out the ignition key, and upon being questioned, started abusing and assaulting the complainant with hands and fists. Soon thereafter, the other co-accused persons, namely Vijay @ Pada, Shivam Verma, and the present applicant, allegedly joined and assaulted the complainant and his friend, during which injuries were caused to injured Himanshu Sahu in his stomach and chest using a sharp-edged object; thereafter, police registered the aforesaid crime and arrested the accused persons. 3. Learned counsel appearing for the applicant would submit that the applicant has falsely been implicated in this case. He would submit that the applicant is a 20-year-old student who had merely gone to attend the wedding function as a guest/bystander and had neither pre-meditated the act nor shared any common intention or prior enmity. He would further submit that the fatal knife blow was caused by another co-accused and no weapon has been seized from the possession of the present applicant. It is further submitted that the applicant has no criminal antecedents, is in jail since 21.07.2026, the charge-sheet has already been filed, out of 15 prosecution witnesses none have been examined so far, and the conclusion of the trial is likely to take some time; therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel would oppose the bail application and submit that the present applicant was present at the spot and actively participated in the joint assault on the complainant and the injured, resulting in serious injuries to the victim with a sharp weapon; therefore, considering the nature and gravity of the offences, he is not entitled to grant of regular bail. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the role attributed to him in the alleged incident, and the fact that the applicant has 3 no criminal antecedents; also considering the fact that the applicant is 20 years of age, no weapon was recovered from his possession, the charge-sheet has already been filed, the applicant is in jail since 21.07.2026, and the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicant. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions: (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Nadim