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Chattisgarh High Court
Lakhan Lal Sahu vs State Of Chhattisgarh on 25 March, 2026
1
2026:CGHC:14274
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2794 of 2026
Lakhan Lal Sahu S/o Ganesh Sahu Aged About 30 Years R/o K.K. Ward
Bhatapara P.S. Bhatapara City, District : Balodabazar-Bhathapara,
Chhattisgarh
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station Bhatapara
City, District : Balodabazar-Bhathapara, Chhattisgarh
... Non-applicant
For Applicant : Mr. Vijay Shankar Mishra, Advocate.
For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Digitally signed
by ABHISHEK
SHRIVAS
ABHISHEK
SHRIVAS Date:
2026.03.27 Hon'ble Mr. Ramesh Sinha, Chief Justice
10:27:54
+0530
Order on Board
25.03.2026
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. 91/2025 registered
at Police Station Bhatapara City, District - Baloda-Bazar Bhatapara
(C.G.), for the offences punishable under Section 331(2), 305(A), 3(5) of
the Bhartiya Nyay Sanhita (BNS).
2. As per the prosecution story in brief, the complainant namely Asha
Yadav lodged a report at Police Station Bhatapara City stating that on
13.02.2025 she had locked her house and gone to Bilaspur along with
her brother Shyam Yadav to meet her mother. On 14.02.2025, at about
9:30 A.M., when she returned along with her brother, she found that the
lock of her house was broken and someone had stolen gold and silver
ornaments and cash worth Rs. 25,000/-. On the basis of the said report,
an FIR was registered and the matter was taken up for investigation.
During the course of investigation, the name of the present applicant
surfaced as one of the suspects. He was interrogated, wherein in his
memorandum statement he stated that on 14.02.2025 at about 2:00
A.M., he broke open the lock of the complainant's house and entered
therein, from where he stole two gold chains, other silver ornaments, and
cash amounting to Rs. 20,000/-, and thereafter escaped from the spot.
He further stated that while escaping, a bag and one gold ornament fell
somewhere. He also stated that he spent Rs. 25,000/- on food in Nagpur.
After returning to Bhatapara, he handed over all the gold and silver
ornaments to co-accused Sonu Nishad, from whom he received Rs.
60,000/-. He further stated in his memorandum that he spent almost the
entire amount in Punjab and that a remaining amount of Rs. 5,000/- was
with the co-accused Sonu Nishad. The police also recorded the
memorandum statement of co-accused Sonu @ Ashutosh Nishad,
wherein he narrated the manner in which the incident took place, and
pursuant thereto, one gold chain was seized from his possession in the
presence of witnesses. Thereafter, the present applicant was arrested on
06.03.2025.
3. Learned counsel for the applicant submits that the present applicant has
been implicated in the crime solely on the basis of the memorandum
statement of the co-accused, whereas no seizure has been made in
pursuance of the said statement. He also submits that only Rs. 5,000/- in
cash has been seized from the present applicant and no other
incriminating material has been recovered from his possession. The
applicant has not been named in the FIR and, prior to implicating him in
the crime, no Test Identification Parade (TIP) has been conducted. He
submits that the present applicant has no criminal antecedents and he is
in jail since 06.03.2025, conclusion of the trial may take some time,
therefore, he prays for grant of regular bail.
4. On the other hand, learned State counsel opposes the bail application of
the present applicant and submits that the charge-sheet has already
been submitted before the competent Court in the present case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case and
the fact that the present applicant has no criminal antecedents,
furthermore, the charge-sheet has already been submitted before the
competent Court in the present case and the applicant has been
languishing in jail since 06.03.2025, conclusion of the trial may take
some more time, therefore, this Court is of the view that the applicant is
entitled to be released on bail in this case.
7. Let the Applicant - Lakhan Lal Sahu, involved in Crime No. 91/2025
registered at Police Station Bhatapara City, District - Baloda-Bazar
Bhatapara (C.G.), for the offences punishable under Section 331(2),
305(A), 3(5) of the Bhartiya Nyay Sanhita (BNS), 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 his 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
concerned for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
