Pushu Kumar Sahu vs State Of Chhattisgarh

The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanitarian, 2023, for grant of regular bail, as he has been arrested in connection with Crime No. 324/2026 registered at Police Station Basantpur, District Rajnandgaon (C.G.), for the offences punishable under Sections 309(4), 311 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution story, in brief, is that on 14.07.2026, the complainant was returning on his motorcycle after purchasing a school bag from Vishal Mega Mart, Rajnandgaon and visiting a liquor outlet. On the way, three persons arrived on a motorcycle, and one of them, namely co-accused Dheeraj Barekar, requested a lift up to a place before the flyover. The complainant allowed him to sit on his motorcycle. When the complainant stopped his motorcycle near the flyover, all three persons allegedly, in furtherance of their common intention, threatened him by brandishing a knife and robbed him of approximately Rs. 1,800/- and his mobile phone. It is further alleged that, with the intention to kill him, they inflicted an injury on his left leg with a sharp-edged weapon. On the basis of the complaint, the aforesaid crime was registered and during the course of investigation, the applicant was arrested.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that no alleged stolen mobile phone, knife or cash has been recovered from the applicant. He would also submit that similarly situated co-accused Dheeraj Barekar has been granted bail by this Court in MCRC No. 8100 of 2026, vide order dated 21.09.2026 and the case of the applicant is similar to that of co-accused. Therefore, on the ground of parity, the applicant is also entitled to be released on bail.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the applicant, along with the co-accused persons, was involved in robbing the complainant of Rs. 1,800/-, which indicates his active participation in the commission of the alleged offence. He would further submit that, though the applicant has no criminal antecedents but considering the seriousness and gravity of the offence, he is not entitled to be released on regular bail.

I have heard learned counsel appearing for the parties and perused the case diary.

Having considered the facts and circumstances of the case, nature and gravity of the allegations and particularly the fact that similarly situated co-accused Dheeraj Barekar has been granted bail by this Court in MCRC No. 8100 of 2026, vide order dated 21.09.2026, coupled with the submission that no alleged stolen mobile phone, knife or cash has been recovered from the applicant and that he has no criminal antecedents, this Court is of the considered opinion that the applicant is entitled to be released on bail on the ground of parity.

Accordingly, the bail application of the applicant is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-