Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:14093
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1754 of 2026 • Devendra Kumar Paikra S/o Shri Devsai Paikra Aged About 35 Years R/o Irrigation Colony, Houarnar, Geedam, P.S. And Tahsil Geedam, District South Bastar Dantewada C.G. (Detail Of The Applicant Has Not Mentioned In Annexure A-1)
... Applicant(s) versus • State Of Chhattisgarh Through Station House Officer, Police Station Bacheli, District South Bastar Dantewada C.G.
... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ishwar Jaiswal, Advocate For Respondent(s) : Mr. Sourabh Sahu P.L. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 24.03.2026
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. 49/2025, registered at Police Station – Bacheli, South Bastar, District – Dantewada (C.G.) for the offence punishable under Sections 316(5), 336(3), 3(5), 318, 338, 340 and 61 of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.25 17:31:28 +0530
2
2. The case of the prosecution, is that the complainant lodged report to the concerned police station that as per allegation, the accused persons have not deposited the amount of Rs. 92,09,370/- of stock shortage and selling amount of Rs. 60,38,404/ of the liquor from their bank account to the government account of the Bank. Based upon such complaint made by the complainant, the police has registered the case under section 316(5), 336(3), 3(5), 318, 338, 340 and 61 of B.N.S. against others person and during the investigation, the police has arrested the present applicant on the memorandum of the statement. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and co-accused has already been granted bail by this Court vide order dated 29.01.2026 in MCRC No.10419 of 2025. The applicant is in jail since 28.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4.
On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case, but could not disputed the fact that co- accused person has already been granted bail by this Court and the case of the present applicant to that of the co-accused. 5. I have heard learned counsel for the parties and perused all of 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 there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, co-accused has already been granted bail by this Court vide order dated 29.01.2026 in MCRC No.10419 of 2025 and the applicant is in jail since 28.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Devendra Kumar Paikra, involved in Crime No.49/2025, registered at Police Station – Bacheli, South Bastar District – Dantewada (C.G.) for the offence punishable under Sections 316(5), 336(3), 3(5), 318, 338, 340 and 61 of the Bharatiya Nyaya Sanhita, 2023 (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
4 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 Vaishali