Chattisgarh High Court
Vikas Sahu vs State Of Chhattisgarh on 10 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11446
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2242 of 2026
GOURI
MUDALIAR
Vikas Sahu S/o Ramdhan Sahu Aged About 19 Years R/o Tilda Nevra, Ward
Digitally signed
by GOURI No. 06, P.S. Tilda Nevra, District Raipur Chhattisgarh
MUDALIAR
Date: 2026.03.11
11:26:15 +0530 ...Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Dharsiwa, District Raipur Chhattisgarh
... Respondent
For Applicant : Ms. Khusbhu Sahu, Advocate.
For : Ms. Ankita Shukla, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
10/03/2026
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.648/2025 registered at Police Station Dharsiwa, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5),118(1), 119(1) of B.N.S. and section 25, 27 of Arms Act (as per 2 impugned order).
2. Case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station with intend that on date of incident there was dispute arose in between accused persons and injured person with regarding to demanding money for consuming liquor and thereafter, accused persons have assaulted upon the injured person by weapon as resultant injured person was received simple injury on leg. Based upon the such report, the concerned police station has registered offence publishable under section 296, 351(2), 115(2), 3(5) 118(1), 119(1) of B.N.S. and section 25, 27 of Arms Act against the applicant and other accused person.
3. Learned counsel for the applicant submitted that the name of the applicant has come into light in the memorandum statement of co- accused who has stated that the applicant had also assaulted the injured with hands and fist whereas the co-accused Riyaz Khan has assaulted the injured with knife and the injury sustained by the injured is of knife. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 27/12/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, 3 considering the fact that name of the applicant has come into light in the memorandum statement of co-accused who has stated that the applicant had also assaulted the injured with hands and fist whereas the co-accused Riyaz Khan has assaulted the injured with knife, period of detention of the applicant since 27/12/2025, charge sheet has been filed 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- Vikas Sahu, involved in Crime No.648/2025 registered at Police Station Dharsiwa, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5),118(1), 119(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.
(iii) In case, the applicant misuses the liberty of bail during trial 4 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