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2026 DAILYLAW 5736 (CHH)

RAHUL @ BAJRANGI SAHU v. STATE OF CHHATTISGARH

MCRC/2570/2026 · 2026-03-17

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Judgment text

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1 2026:CGHC:13043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2570 of 2026 Rahul @ Bajrangi Sahu S/o Shri Dilip Kumar Sahu, Aged About 23 Years R/o Ward No. 55, Nayapara, Near Electricity Office, Sirgitti, Thana Sirgitti, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Shri Sourabh Sahu, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/03/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.07/2026 registered at Police Station Sirgitti, Distt. Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1) of B.N.S and section 25, 27 of Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.19 10:58:09 +0530 2 2. Case of the prosecution, in brief, is that the complainant Suresh Yadav lodged a report at the Sirgitti police station to the effect that on 01/01/2026 at about 12.30 in the night, he was outside the house on the occasion of New Year, at the same time Rahul Sahu @Bajrangi came and abused him and threatened to kill him and assaulted with a sharp object due to which he received injuries so on the basis of the said report the police of Police Station Sirgitti registered an offence u/s 296, 115(2), 351 (2) BNS and arrested the applicant. And after completing the investigation filed the chargesheet by adding sections 118(1) BNS and sections 25, 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated and no offence, as alleged, has been committed by him; his implication is based merely on suspicion. He would submit that the incident arose out of a minor dispute between the complainant and the applicant. He would submit that the injuries sustained by the complainant are not grievous in nature; he was hospitalized for only one day and discharged on 02.01.2026. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 06/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has three criminal antecedents in which he has been acquitted. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that nature of injury has also not been mentioned in the MLC report, injury appears to be simple in nature, period of detention of the applicant since 06/01/2026, charge sheet has been filed, applicant has three criminal antecedents in which he has been acquitted and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rahul @ Bajrangi Sahu, involved in Crime No.07/2026 registered at Police Station Sirgitti, Distt. Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1) of B.N.S and section 25, 27 of Arms Act, 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. 4 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri