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2026 DAILYLAW 18958 (CHH)

SANDEEP KUMAR KASHYAP v. STATE OF CHHATTISGARH

MCRC/4880/2026 · 2026-05-20

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:23458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4880 of 2026 1. Sandeep Kumar Kashyap S/o Brijmohan Kashyap Aged About 40 Years R/o House No 79, Sardhana New Bus Stand Kaharan Mohalla P.S. Sardhana Dist- Meerut State Uttarpradesh Currently R/o Bhutani Interprises Urkura P.S. Khamtarai Dist- Raipur (C.G.) … Applicant versus 1. State of Chhattisgarh Through - Station House Officer (S.H.O.) P.S. Khamtarai Dist- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Vimal Pathak, Advocate For Non-applicant : Mr. Rishi Raj Pithawa, Dy. Government Advocate Hon'ble Mr. Justice Parth Prateem Sahu Order on Board 21.05.2026 1. This is first application on behalf of applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as applicant is in custody since 13.11.2025 in connection with Crime No.447/2025 registered at Police Station Khamtarai, District Raipur (CG) for the offence punishable under Sections 316 (3) and 318 (4) of the Bharatiya Nyay Sanhita, 2023. SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 2. Case of prosecution in brief is that on 17.5.2025 complainant submitted a written complaint in concerned police station mentioning that applicant herein was employed as Manager in M/s Bhutani International Pvt. Ltd., Raipur which is engaged in the business of providing comprehensive sanitation and hygiene solutions, especially in portable and mobile toilets. Without permission and knowledge of the company, applicant got deposited a sum of Rs.15,00,000/- in his bank account, which he received from different customers towards the services provided by the company. It is further alleged that upon enquiry, applicant though confessed his guilt but absconded with further cash of Rs.5,00,000/- of the company. As such, the applicant has cheated the company, embezzled the money and caused financial loss to the company. On the basis of aforesaid allegations, instant crime was registered against applicant and he was arrested on 13.11.2025 3. Learned counsel for applicant would submit that applicant is innocent and has been falsely implicated in aforementioned crime as alleged. He would submit that no document has been seized by the police in the course of investigation indicating that applicant was working as a Manager in M/s Bhutani International Pvt. Ltd., Raipur. There is allegation against the applicant that he received Rs.15 Lakhs from the 3 customers towards services provided by the company and in stead of depositing the same with the company, he had deposited the same in his bank account, but there is no material to substantiate the said allegation. Applicant is in jail since 13.11.2025, charge sheet has been filed, there is no criminal antecedent against the applicant and conclusion of trial may take time, therefore, he be enlarged on regular bail. 4. On the other hand, learned Panel Lawyer for the State opposes submission of learned counsel for applicant and submits that there is allegation that applicant has received Rs.15 Lakhs from the customers of the company and thereafter deposited the same in his personal bank account. Applicant has further misappropriated cash of Rs.5 Lakhs. 5. Upon putting specific query to learned State Counsel as to what is material to suggest that amount which was to be deposited by the customers of the company in the account of company, was got deposited by applicant in his personal bank account, he submits that in the charge sheet/ case diary, statement of any such customer is not available. 6. I have heard learned counsel for the parties. 7. Taking into consideration facts and circumstances of case, nature of allegation; period of pre-trial detention of applicant and the fact that after completion of investigation, charge sheet has already been filed, without commenting anything on 4 merits of case, I am inclined to grant regular bail to applicant. Accordingly, bail application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to satisfaction of trial Court concerned on the conditions that; a) he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance. b) he shall not, in any manner, tamper with prosecution witnesses. c) If he is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-