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Chattisgarh High Court
Bambaiya Alias Chotu Aliyas Rajesh Sahu vs State Of Chhattisgarh on 21 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:18151
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3614 of 2026
Bambaiya Alias Chotu Aliyas Rajesh Sahu S/o Raghuram Sahu Aged About
27 Years R/o Torwa Basti, Police Station Torwa, District- Bilaspur (C.G.)
... Applicant
Digitally
signed by
VAIBHAV
VAIBHAV SINGH
SINGH Date:
2026.04.22
11:19:24
versus
+0530
State Of Chhattisgarh Through Station House Officer, (S H O ) P.S. Torwa
District- Bilaspur (C.G.) ...Non-applicant
For Applicant : Mr. Badruddin Khan, Advocates.
For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
21.04.2026
1.
This is the second bail application filed under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant arrested in connection with Crime No. 464/2023 registered
at Police Station Torwa, District Bilaspur (C.G.) for the offence
punishable under Sections 457, 380, 411 and 34 of the IPC.
2. The earlier bail application of the applicant has already been rejected
on merits by this Hon'ble Court vide order dated 27.10.2025 passed in
MCRC No. 8320 of 2025.
3. Case of the prosecution, in brief, is that there was a report lodged on
08/09/2023, complainant Shakuntala Tirki woke up at 02:00 a.m. and
found that an unknown person had stolen her daughter Manju Tirki's
mobile phone, Rs.50,000 cash in her bedroom bag, a gold earring.and
a silver anklet. The complainant lodged a report of the incident at
Torwa police station on 08/09/2023. Based on the applicant's report,
Torkha police registered a First Information Report (FIR) No. 464/2023
under sections 457 and 380 of the Indian Penal Code against the
unknown person. During the investigation, accused Rajesh Sahu alias
Chhotu was found to have stolen the mobile phone and sold it to
accused Sonu Sahu. On finding the accused Sonu Sahu and Rajesh
Sahu alias Chhotu involved in the above crime, on 12/01/2024,
accused Sonu Sahu was arrested and a case under section 411 of the
Indian Penal Code was registered in the case and a charge sheet was
presented in the court for the absconding of accused Bambaiya alias
Chhotu alias Rajesh Sahu. In compliance with the permanent arrest
warrant, absconding accused Bambaiya alias Chhotu alias Rajesh
Sahu was arrested. Hence, this application.
4. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. He further submits that the
applicant has been in judicial custody since 01.08.2025, the charge-
sheet has already been filed before the competent Court. It is further
submitted that no prosecution witness has been examined yet,
therefore, the applicant is entitled to be released on bail.
5. On the other hand learned State counsel opposes the bail application
of the applicant and submits that the charge-sheet has been filed in
the present case.
6. I have heard learned counsel for the parties and perused the case
diary.
7. Taking into consideration the facts and circumstances of the case, the
nature of the allegations levelled against the applicant, the fact that
the applicant's first bail application was rejected on merits, and that no
prosecution witness has been examined yet, along with the fact that
the applicant has been in custody since 01.08.2025 and the trial is
likely to take considerable time to conclude, this Court is of the
considered view that the applicant is entitled to be released on bail.
8. Let the Second Bail of the Applicant - Bambaiya Alias Chotu Aliyas
Rajesh Sahu, involved in Crime No. 464/2023 registered at Police
Station Torwa, District Bilaspur (C.G.) for the offence punishable under
Sections 457, 380, 411 and 34 of the IPC, be released on bail on
furnishing personal bond with two local 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.
9. 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
Vaibhav
