Facts
The applicant, Harishankar Sahu, filed a first bail application after being arrested on February 19, 2026, in connection with Crime No. 1022/2025.
Source reference: para 1-2The prosecution alleged that on October 15, 2025, the applicant stopped the 19-year-old complainant, verbally abused her, grabbed her hand, and threatened to kill her if she did not speak to him.
Source reference: para 1-2Further, on October 24, 2025, the applicant’s family allegedly engaged in abusive behavior at the complainant's house.
Source reference: para 2The applicant contended that the case was a false implication arising from a failed love affair and a dispute over borrowed money.
Source reference: para 3The State opposed the bail, citing the victim’s statement under Section 183 of the BNSS and the applicant’s prior criminal record under the NDPS Act.
Source reference: para 4Issues
Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations and the period of incarceration.
Source reference: para 1 & 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of regular bail.
Source reference: para 1Sections 74 (assault or use of criminal force to woman with intent to outrage her modesty), 296 (obscene acts and songs/uttering obscene words), and 351(2) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS), 2023.
Source reference: para 1-2Section 183 of the BNSS regarding the recording of the victim's statement.
Source reference: para 4Reasoning
The Court evaluated the facts and circumstances, noting that the victim is a major (19 years old) and that she and the applicant were residents of the same village with a history of a personal relationship.
Source reference: para 6The Court balanced the gravity of the allegations against the fact that the charge sheet had already been filed and the applicant had been in custody since February 19, 2026.
Source reference: para 6While acknowledging the state's concern regarding the applicant's prior criminal antecedent under Section 20(b) of the NDPS Act, the Court observed that the trial was likely to take significant time to conclude.
Source reference: para 4, 6Consequently, the Court found it fit to grant liberty subject to stringent conditions to ensure the applicant’s presence and prevent the abuse of bail.
Source reference: para 7Holding
The High Court allowed the bail application and ordered the release of Harishankar Sahu upon furnishing a personal bond with two sureties.
The bail is subject to several conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence during key trial stages (framing of charges, Section 351 BNSS statements), and compliance with proclamations.
Source reference: para 7The Court further directed the trial court to endeavor to conclude the trial within six months.
Source reference: para 8Original Court PDF
HARISHANKAR SAHUvsSTATE OF CHHATTISGARH
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