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2026 DAILYLAW 9726 (CHH)

MANOJ KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/4057/2026 · 2026-04-30

body2026

Judgment text

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1 2026:CGHC:20452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4057 of 2026 Manoj Kumar Sahu S/o- Khilawan Singh Sahu Aged About 46 Years R/o- Village Mahmara, Muktidham Road Chowki Anjora, Thana Pulgaon, District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through, The District Magistrate Durg , District- Durg (C.G.) ... Non-Applicant For Applicant : Mr. Arvind Kumar Dubey, Advocate. For Non-Applicant/State : Dr. Saurabh Pande, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.05.2026 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. 420/2025 registered at Police Station – Pulgaon, District - Durg, (C.G.), for the offences punishable under Sections 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code. 2. As per the prosecution case, in brief, as reflected from the record, is that the complainant has alleged that the present applicant, along with other co-accused persons, induced him on the pretext of securing employment in the Food Department and, in furtherance thereof, allegedly obtained a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.02 11:16:56 +0530 2 sum of Rs. 2,00,000/- from him. It has further been alleged that, in order to lend credibility to the said assurance, certain purported appointment- related documents, alleged to be forged, were transmitted to the complainant through electronic means, including mobile communication platforms. It is, however, respectfully submitted that the aforesaid allegations are yet to be proved during the course of trial and are based primarily on the version of the complainant. The applicant was arrested on 03.10.2025 and has been in continuous judicial custody since then. It is further submitted that the investigation in the present case has already been completed and the charge-sheet bearing No. 563/2025 has been filed before the competent Court on 30.12.2025. Thus, the entire material sought to be relied upon by the prosecution now stands crystallized before the learned trial Court. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the applicant has no criminal antecedents. He submits that the other co-accused person have already been granted regular bail by this Court passed in MCRC Nos. 1522/2026, 3106/2026 and 3083/2026 vide order dated 17.03.2026 and 07.04.2026, respectively. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. However, he could not dispute the fact that identically situated the co-accused has already been granted bail by this Court. 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 that the 3 other co-accused person have already been granted regular bail by this Court passed in MCRC Nos. 1522/2026, 3106/2026 and 3083/2026 vide order dated 17.03.2026 and 07.04.2026, respectively, also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 03.10.2025 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. Let the Applicant – Manoj Kumar Sahu, involved in Crime No. 420/2025 registered at Police Station – Pulgaon, District - Durg, (C.G.), for the offences punishable under Sections 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code, be released on bail on his 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her 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 her 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 her, 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 Preeti