[Cites 3, Cited by 0]
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
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,
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
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
