1 2026:CGHC:21208 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4211 of 2026 Rakesh Kumar Uike S/o Late Kewal Uike Aged About 30 Years R/o Nayapara, Ward No. 1, Geedam, Tahsil Geedam, Distt. South Bastar, Dantewada, C.G. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Bacheli Distt. Dantewada (C.G.) ... Respondent(s) For Applicant(s) : Mr. Santosh Bharat, Advocate. For Respondent(s) : Dr. Sourabh Kumar Pandey, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/05/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 49/2025 registered at Police Station Bacheli Distt. Dantewada (C.G.) for the offence punishable under Sections 316(5), 336(3), 318, 338, 340, 61 and 3(5) of Bharatiya AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 25.11.2025, a surprise inspection at the English Composite Liquor Shop, Bacheli revealed a stock shortage of Rs.92,09,370/- and non-deposit of Rs.60,38,404/- from liquor sales. It is alleged that a total amount of Rs.1,52,47,774/- was misappropriated by the accused persons, including the present applicant (salesman), during the period from 01.10.2025 to 24.11.2025, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested, hence the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that four of the identically situated co-accused persons, namely, Ankit Tiwari, Deepak Yadav, Devendra Kumar Paikra and Ajay Kumar Sharma have already been granted bail by this Court vide orders dated 29.01.2026, 24.03.2026, 24.03.2026 and 06.04.2026 passed in MCRC Nos.10419 of 2025, 1554 of 2026, 1754 of 2026 and 3041 of 2026, respectively. The applicant is in jail since 06.01.2026, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in 3 the present case. He further submits that allegedly the applicant while working as a salesman at the English Composite Liquor Shop, Bacheli, was involved in the embezzlement of a substantial amount of liquor stock and sale proceeds, contributing to the total alleged loss of Rs.1,52,47,774/- during the period from 01.10.2025 to 24.11.2025. therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 06.01.2026, the fact that though the applicant allegedly while working as a salesman at the English Composite Liquor Shop, Bacheli, involved in the embezzlement of a substantial amount of liquor stock and sale proceeds, contributing to the total alleged loss of Rs.1,52,47,774/- during the period from 01.10.2025 to 24.11.2025, but considering the fact that the applicant has no criminal antecedent and four of the co-accused persons, namely, Ankit Tiwari, Deepak Yadav, Devendra Kumar Paikra and Ajay Kumar Sharma have already been granted bail by this Court vide orders dated 29.01.2026, 24.03.2026, 24.03.2026 and 06.04.2026 passed in MCRC Nos.10419 of 2025, 1554 of 2026, 1754 of 2026 and 3041 of 2026, respectively, the case of present applicant is identical to that of the said co-accused 4 persons, the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the application is allowed. 8. Let the Applicant-Rakesh Kumar Uike, involved in Crime No. 49/2025 registered at Police Station Bacheli Distt. Dantewada (C.G.) for the offence punishable under Sections 316(5), 336(3), 318, 338, 340, 61 and 3(5) of BNS, 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 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil