Chattisgarh High Court
Gajendra Kumar Sahu vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2026:CGHC:13176
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2594 of 2026
Gajendra Kumar Sahu S/o Rajesh Kumar Sahu Aged About 31 Years R/o
Village Kusumkasa, Police Station Dallirajhara District- Balod
Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through Officer - In Charge Police Station City
Kotwali Dhamtari District- Dhamtari Chhattisgarh.
... Non-Applicant
For Applicant : Mr. Sanjeev Kumar Sahu, Advocate
For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
19.03.2026
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. 327/2025 registered at Police Station- City Kotwali, District- Dhamtari, (C.G.) for the offence punishable under Sections 204(2), 319(2), 331(3), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
RAHUL DEWANGAN 2. Case of the prosecution, in brief, is that the incident occurred on Digitally signed by 17.11.2025 at about 11:30 PM, wherein it is alleged that the present RAHUL DEWANGAN 2 applicant along with other co-accused persons committed cheating by entering the house of the complainant under the pretext that a sum of Rs. 200 crores of black money was kept therein. It is alleged that the applicant and other co-accused persons, posing as fake officials of the Income Tax Department, conducted a raid at the complainant's residence and, upon allegedly finding the said amount, took it away and fled from the spot in two to three vehicles. Thereafter, the complainant lodged a written report at Police Station City Kotwali, Dhamtari, on the basis of which FIR bearing Crime No. 327/2025 was registered for offences punishable under Sections 204(2), 319(2), 331(3), 61(2), and 3(5) of the BNS, 2023, against the present applicant and other co-accused persons, and the applicant was subsequently arrested. Hence, this bail application.
3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that similarly situated co-accused persons, namely, Jitendra Baghel, Sanjay Kumar Ramteke and Vivek @ Vicky Korsewada have already been granted bail by this Court vide orders dated 10.03.2026, 13.03.2026 and 16.03.2026 in MCRC Nos. 2228/2026, 2353/2026 and 2458/2026 respectively. He also submits that the applicant has no previous criminal antecedents, and he is in jail since 16.12.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity.
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4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused person has already been granted bail by this Court and the case of the present applicant is identical to that of the co- accused.
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, nature and gravity of offence, period of detention of the applicant since 16.12.2025, the fact that though the present applicant and other co-accused were committed that said crime, but other co- accused persons, namely, Jitendra Baghel, Sanjay Kumar Ramteke and Vivek @ Vicky Korsewada have already been granted bail by this Court vide orders dated 10.03.2026, 13.03.2026 and 16.03.2026 in MCRC Nos. 2228/2026, 2353/2026 and 2458/2026 respectively, and the case of present applicant is identical to that of the co-accused persons, further the applicant has no previous criminal antecedents, the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity.
7. Accordingly, the bail application of the applicant is allowed. Let the Applicant - Gajendra Kumar Sahu, involved in Crime No. 327/2025 registered at Police Station- City Kotwali, District- Dhamtari, (C.G.) for the offence punishable under Sections 204(2), 4 319(2), 331(3), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, 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 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 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Rahul Dewangan