1 2026:CGHC:10536 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 609 of 2026 Prakash Gupta S/o Shri Mohan Gupta Aged About 32 Years R/o Village Chivarakuta, Police Station Singhora, District Mahasamund C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Singhora, District Mahasamund C.G. ... Respondent(s) For Applicant(s) : Mr. Virendra Kahsyap, Advocate. For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/02/2026 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. 96/2025 registered at Police Station Singhora, District Mahasamund (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 287, 305(e), 221, 351(2), 3(5) of BNS and Sections 3 and 7 of the Essential Commodities Act. 2. Case of the prosecution, in brief, is that on 23.12.2025 at about 11:00 PM, the Food Inspector, Saraipali, along with police personnel, received information regarding illegal refilling of LPG cylinders at a goat shed farm house situated in front of Navjeevan Hospital, Chivarakuta, within the jurisdiction of Police Station Singhora. Acting upon the said information, the team reached the spot and allegedly found that certain unknown persons were illegally refilling LPG gas from Indane LPG capsule tankers into small and large cylinders through nozzle pipes, without observing mandatory safety norms, with the intention to earn unlawful profit. On seeing the police party, the accused persons allegedly fled from the spot taking advantage of darkness. It is further alleged that from the spot, six LPG capsule trucks, a large number of empty and filled LPG cylinders, nozzle pipes, an electric weighing machine and other related materials worth approximately Rs. 93 lakhs were seized. On the basis of the written complaint, FIR was registered against unknown persons and investigation was set into motion. During the course of investigation, the present applicant, Prakash Gupta, was implicated and subsequently arrested on 25.12.2025 in Crime No. 96/2025 for the offences punishable under Sections 287, 305(e), 221, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3 and 7 of the Essential Commodities Act, 1955. Hence, the bail application. 3 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 co-accused, namely, Mohan Gupta has already been granted anticipatory bail by this Court vide order dated 08.01.2026 in MCRCA No.12 of 2026. The applicant is in jail since 25.12.2025, 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 the present case. She further submits that the applicant allegedly involved in illegal refilling of LPG cylinders for unlawful gain, in violation of safety norms and statutory provisions, and was implicated during investigation in connection with the seized LPG trucks and cylinders. 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 25.12.2025, the fact that though the applicant allegedly involved in illegal refilling of LPG cylinders for unlawful gain, in violation of safety norms and statutory provisions, but considering 4 the fact that co-accused, namely, Mohan Gupta has already been granted anticipatory bail by this Court vide order dated 08.01.2026 in MCRCA No.12 of 2026 and the fact that the applicant has no criminal antecedent, further 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. Accordingly, the application is allowed. 8. Let the Applicant-Prakash Gupta, involved in Crime No. 96/2025 registered at Police Station Singhora, District Mahasamund (C.G.) for the offence punishable under Sections 287, 305(e), 221, 351(2), 3(5) of BNS and Sections 3 and 7 of the Essential Commodities Act, 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, 5 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. 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