1 2026:CGHC:6280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1188 of 2026 Indrapal Sahu S/o Jeevanlal Sahu, Aged About 23 Years, R/o Village Nagoi Chowki Jatga Police Station and Tehsil Katghora District – Korba, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station Gandhinagar, District - Surguja (C.G.) ... Non-Applicant For Applicant : Mr. Sajal Kumar Gupta, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 440/2025, registered at Police Station – Gandhinagar, District – Surguja (C.G.) for the offence punishable under Section 331(4), 305(A), 117(2), 112 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant is the authorized operator of a Fair Price Shop situated at Village Koldiha. The present crime pertains to the theft of food grains, wherein approximately 18 quintals of rice and 8 quintals of gram were unlawfully removed from the said Fair Price Shop by the accused persons, acting in concert with one another. Upon the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.05 12:13:43 +0530 2 complaint lodged by the applicant, a criminal case was registered at Police Station Jaynagar, District Surajpur, vide Crime No. 213/2025, against the accused and other co-accused persons on the basis of the memorandum statements recorded at Police Station Jaynagar. In the instant crime, the police have filed a charge-sheet alleging commission of the aforesaid offences, attributing the theft to a premeditated and organized act carried out by the accused persons. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case. He further submitted that there has been no recovery of stolen food grains, sale proceeds, or any incriminating article from the possession of the present applicant. It is also submitted that the co-accused, namely Krishna Dhimar, has been granted bail by this Court vide order dated 23.01.2026 passed in MCRC No. 817/2026. Further, the applicant has 10 previous criminal antecedents, which have been explained in paragraph No. 4(a) of this bail application. It is also submitted that the charge-sheet has been filed and that the applicant has been in judicial custody since 25.10.2025. As the trial is likely to take a considerable time for its conclusion, learned counsel prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case but could not dispute the fact that co-accused has been granted bail by this Court, further the applicant has 10 previous criminal antecedents, which have been explained in paragraph No. 4(a) of this bail application 5. I have heard learned counsel for the parties and perused the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused, namely Krishna Dhimar, has been granted bail by this Court vide order dated 23.01.2026 passed in MCRC No. 817/2026, further, the applicant has 10 previous criminal antecedents, which have been explained in paragraph No. 4(a) of this bail application, the charge-sheet has been filed and he is in jail since 25.10.2025 and conclusion of the trial is likely to take some time, hence, this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Indrapal Sahu, involved in Crime No. 440/2025, registered at Police Station – Gandhinagar, District – Surguja (C.G.) for the offence punishable under Section 331(4), 305(A), 117(2), 112 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 him under Section 4 269 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 Preeti