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2026 DAILYLAW 7975 (CHH)

NILESH SAHU v. STATE OF CHHATTISGARH

MCRC/3634/2026 · 2026-04-21

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Judgment text

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1 2026:CGHC:18393 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3634 of 2026 Nilesh Sahu S/o Ramu Sahu Aged About 19 Years R/o Shiv Mandir Chowk, Ward No. 9, Kandul, P.S. Mujgahan, Distt. Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House O昀케cer, P.S. Mujgahan, Distt. Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Animesh Shukla, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.04.2026 1. This is the 昀椀rst bail application 昀椀led 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. 18/2026 registered at Police Station Mujgahan, District – Raipur (C.G.), for the o昀昀ences punishable under Section 303(2) of the Bhartiya Nyay Sanhita (BNS). 2. As per the prosecution, the case in brief is that the complainant had parked his vehicle outside his godown at around 7:00 AM on 24.01.2026. When he returned at around 11:00 AM, he discovered that his vehicle had been stolen from the place where it was parked. Subsequently, an FIR was registered against unknown accused persons on 25.01.2026. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.23 11:35:36 +0530 2 Thereafter, upon completion of the investigation, a charge sheet was 昀椀led before the Court. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the present case. He submits that the investigation in the present case is complete, and the charge-sheet has already been 昀椀led before the learned trial Court. Therefore, custodial interrogation of the applicant/accused is no longer required. That no purpose would be served by the continued incarceration of the applicant, as the entire evidence sought to be relied upon by the prosecution has already been collected and forms part of the charge-sheet. He submits that the applicant is no longer required for any investigative purpose, and his further detention would be wholly unjusti昀椀ed, unwarranted, and contrary to the settled principles of criminal jurisprudence. He also submits that it is a settled proposition of law that once the investigation is complete and the charge-sheet has been 昀椀led, the accused should not be kept in judicial custody for an inde昀椀nite period, especially when the trial is likely to take considerable time. He submits that the present applicant has no criminal antecedents and he is in jail since 28.01.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 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. Taking into consideration the facts and circumstances of the case and the fact that the present applicant has no criminal antecedents, furthermore, the charge-sheet has already been submitted before the 3 competent Court in the present case and the applicant has been languishing in jail since 28.01.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Nilesh Sahu, involved in Crime No. 18/2026 registered at Police Station Mujgahan, District – Raipur (C.G.), for the o昀昀ences punishable under Section 303(2) of the Bhartiya Nyay Sanhita (BNS), 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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient 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 昀椀xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (iv) The applicant shall remain present, in person, before the trial court on the dates 昀椀xed 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 su昀케cient 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. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek