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Chattisgarh High Court
Bhuwan Kumar Sahu vs State Of Chhattisgarh on 7 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:15854
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3079 of 2026
Bhuwan Kumar Sahu S/o Ramprasad Sahu Aged About 27 Years R/o Banki
Side, Sai Mohalla, Bankimongra, Police Station- Bankimongra, District-
Korba, C.G. ... Applicant
VAIBHAV
SINGH
Digitally signed
by VAIBHAV
SINGH
Date: 2026.04.07
16:46:09 +0530
versus
State Of Chhattisgarh Through - Station House Officer, Police Station-
Bankimongra, District- Korba, C.G. ... Respondent
For Applicant : Mr. Bharat Rajput, Advocate.
For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
07.04.2026
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.05/2026
registered at Police Station - Bankimongra, District - Korba (C.G.) for
the offences punishable under Sections 70, 123, 87, 351(2) & 324 of
the BNS 2023.
2. The prosecution case, in brief is that on 08.01.2026 at about 11:00 p.m.
to 12:00 midnight, the co-accused namely Tarun Shrivas threatened the
complainant that he would make her photographs viral if she did not
come out of her house. Acting under fear, the complainant stepped
outside her house, where she was forcibly taken by the said Tarun
Shrivas along with another co-accused, a Dial-112 driver, to a B-type
quarter near Shani Mandir, Gajra. Thereafter, she was assaulted and
abused, and her mobile phone was broken. It is further alleged that she
was sexually abused by the accused persons and was also forced to
consume alcohol. When she attempted to leave the place, the accused
persons again assaulted and abused her and threatened to kill her if
she reported the matter to anyone. On the basis of the written
complaint submitted by the complainant, FIR No. 05/2026 was
registered at Banki Mongra Police Station under the relevant provisions
of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. He further submits
that on similar allegations, co-accused Umesh Sahu has already been
granted bail by this Hon'ble Court vide order dated 13.03.2026 passed
in M.Cr.C. No. 2401/2026, and therefore, the present applicant is also
entitled to be enlarged on bail on the ground of parity. It is further
submitted that the prosecutrix and accused Tarun Shrivas were in a
love affair and, after the arrest of Tarun Shrivas, the prosecutrix used to
visit him in Central Jail. The present applicant has been arrested
merely on the basis of suspicion, and no cogent or substantive
evidence has been collected against him during the course of
investigation. In the Test Identification Parade (TIP), the prosecutrix
categorically failed to identify the present applicant, which strikes at the
very root of the prosecution case and clearly shows that there is no
prima facie material available to connect the applicant with the alleged
offence. There are also several material inconsistencies and
contradictions in the prosecution story, which create serious doubt
regarding the veracity of the allegations levelled against the applicant.
The applicant has no criminal antecedents, the charge-sheet has
already been filed, and the conclusion of the trial is likely to take some
time. The applicant is in judicial custody since 10.01.2026, therefore, it
is most humbly prayed that the applicant may kindly be released on
bail.
4. On the other hand, learned counsel for the State, opposes the bail
application of the applicant.
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, the
nature and gravity of the allegations levelled against the present
applicant, and the fact that the co-accused, namely Umesh Sahu, has
already been granted bail vide order dated 13.03.2026 passed in
MCRC No. 2401 of 2026, and further considering that the charge-sheet
has already been filed before the competent Court, that the applicant
has been in judicial custody since 10.01.2026, and that the conclusion
of the trial is likely to take considerable time, this Court is of the view
that the applicant is entitled to be released on bail in the present case,
as the case of the applicant is distinguishable from that of the co-
accused Tarun Shrivas.
7. Let applicant, Bhuwan Kumar Sahu, involved in Crime No.05/2026
registered at Police Station - Bankimongra, District- Korba (C.G.) for
the offences punishable under Sections 70, 123, 87, 351(2) & 324 of
the BNS 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 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
vaibhav
