1 2026:CGHC:20662 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4040 of 2026 Jagannath Kashyap S/o Harnarayan Kashyap, Aged About 55 Years, R/o Village Seepat, Police Station - Seepat, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Seepat, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Ms. Seema Singh, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.05.2026 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. 200/2026 registered at Police Station - Seepat, District - Bilaspur, (C.G.), for the offences punishable under Section 316(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution’s case, in brief, is that the complainant lodged a report at the concerned police station stating that, as per the FIR, 420.39 quintals of paddy and 5,045 units of paddy bardana were found missing from Co-operative Society Seepat (Registration No. 26). Based on this complaint, the police registered a case under Section 316(5) of the B.N.S. against the applicant and other accused persons. 2 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the applicant has no criminal antecedents. He submits that the other co-accused person, namely, Amit Verma has already been granted regular bail by this Court in MCRC No. 3835/2026 vide order dated 28.04.2026 and other co-accused, namely, Smt. Tulsi Devi Kaushik has already been granted anticipatory bail by this Court vide order dated 28.04.2026 passed in MCRCA No. 626/2026 and the applicant is in jail since 08.04.2026. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application but he could not dispute the fact that identically situated the co-accused has already been granted bail by this Court. 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, nature of allegations and the material available on record, the fact that the applicant has no criminal antecedents and co-accused person, namely, Amit Verma has already been granted regular bail by this Court in MCRC No. 3835/2026 vide order dated 28.04.2026 and other co-accused, namely, Smt. Tulsi Devi Kaushik has already been granted anticipatory bail by this Court vide order dated 28.04.2026 passed in MCRCA No. 626/2026, and the applicant is in jail since 08.04.2026, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. Let the Applicant – Jagannath Kashyap, involved inCrime No. 200/2026 registered at 3 Police Station - Seepat, District - Bilaspur, (C.G.), for the offences punishable under Section 316(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 4 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 her 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 Preeti