BHOJDATT @ RAHUL SAHU vs STATE OF CHHATTISGARH

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CGHC010399832026 2026:CGHC:46059
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 9756 of 2026
1 - Bhojdatt @ Rahul Sahu S/o Shri Tukaram Sahu Aged About 25 Years R/o
Village - Achholi, Police Station - Tumgaon, District Mahasamund
Chhattisgarh ... Applicant(s)
versus
1 - State Of Chhattisgarh Through Officer In-Charge, Police Station -
Tumgaon, District Mahasamund Chhattisgarh
... Respondent(s)
For Applicant (s) : Mr. Pawan Kesharwani, Advocate
For Respondent(s)/State : Ms. Priya Sharma, P.L.
Hon'ble Mr. Justice Rakesh Mohan Pandey
Order on Board
30.10.2026
1. The applicant has preferred this First Bail Application under Section 483
of the BNSS, 2023 for grant of regular bail, as he has been arrested in
connection with Crime No. 77/2026, registered at Police Station
Tumgaon, District Mahasamund (C.G.) for the offence punishable
under Sections 305A, 331(4) and 317(2) of BNS.
2. The case of the prosecution, in brief, is that on 06.06.2026, the present
applicant, along with four other accused persons, committed robbery
and looted a sum of Rs. 10,26,500/- from the complainant, Sravan
Sahu, who was working at H.P. Gas Agency, Raipur. The present
applicant was apprehended on the basis of CCTV footage, and the

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other accused persons were implicated in the case on the basis of
memorandum statement of the presnt applicant.
3. The case of the prosecution, in brief, is that the complainant, along with
his family members, had gone to Mahasamund to attend his elder
brother's marriage. On 09.03.2026, when he returned to his house at
Village Acholi along with his brother-in-law to collect wedding articles,
he found the locks of the room and cupboard broken and gold and
silver ornaments worth approximately Rs. 3,55,000/- missing.
Accordingly, he lodged a report against unknown persons. On the basis
of the report, an offence under Section 305(A) of the BNS was
registered and investigation was taken up. The place of occurrence
was inspected by the Scientific Officer, Scene of Crime Unit,
Mahasamund. During the course of investigation, the applicant was
apprehended and one gold ring, one gold pendant and one gold chain
were recovered from his possession. Upon completion of the
investigation, the charge-sheet was filed before the competent Court.
4. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. He would further
submit that the charge-sheet has already been filed, the applicant has
no criminal antecedents, and he is in jail since 12.07.2026. He,
therefore, prays for grant of bail to the applicant.
5. On the other hand, learned State Counsel opposes the bail application
and submits that the applicant was involved in committing theft of gold
and silver ornaments from the complainant's house. He further submits
that some of the stolen articles were recovered at the instance of the
applicant, whereas some gold ornaments had been sold by the

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applicant. Hence, he prays for rejection of the bail application.
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, the fact that the applicant has no criminal
antecedents, the charge-sheet has already been filed and the applicant
is in judicial custody since 12.07.2026, and further considering that the
trial is likely to take considerable time for its conclusion, this Court is
inclined to grant regular bail to the applicant. Accordingly, the
application is allowed .
8. Let applicant be released on bail on furnishing a personal bond of Rs.
50,000/- with one surety 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,

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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.
Sd/-
(Rakesh Mohan Pandey)
Judge
Jyoti