1 2026:CGHC:21978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4380 of 2026 Huleshwar Dhirhi S/o Ganga Prasad Dhirhi Aged About 30 Years R/o Village And Post- Sukulkari, P.S.- Pachpedi, District- Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Seepat, District- Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Ganesh Ram Burman, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/05/2026 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. 213/2026 registered at Police Station Masturi, District- Bilaspur (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 316(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that pursuant to the direction issued by the Collector (Food Department), District Bilaspur, a joint team of officials from the Food Department and District Co- operative Bank conducted physical verification of the stock of paddy and jute bags at Society Branch, Gatoura. During verification, shortage of paddy and jute bags was allegedly found as compared to the stock recorded on the official portal. On the basis of the alleged discrepancies and the directions issued by the Collector, an FIR was registered on 03.04.2026 against the present applicant and other co-accused persons for the offence punishable under Section 316(5) of the BNSS, alleging misappropriation and shortage of stock. It is further alleged that another FIR pertaining to the same allegations was also registered on the same date. 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 identically situated co- accused, namely, Komal Prasad Chandrakar has already been granted regular bail by this Court vide order dated 07.05.2026 passed in MCRC No.4260 of 2026 and one co-accused, namely, Lav Kumar Yadav has been granted anticipatory bail by this Court vide order dated 04.05.2026 passed in MCRCA No.666 of 2026. The applicant is in jail since 03.04.2026, the applicant has no 3 criminal antecedent, charge-sheet has not 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 not been filed in the present case. She further submits that the applicant allegedly involved in misappropriation and shortage of paddy and jute bags found during physical verification of stock at Society Branch Gatoura, however, could not dispute the fact that identically situated co-accused, namely, Komal Prasad Chandrakar has already been granted regular bail by this Court and one co-accused, namely, Lav Kumar Yadav has been granted anticipatory bail by this Court. 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 03.04.2026, the fact that though the charge-sheet has not been filed in the present case, and the allegation against the applicant is that he involved in misappropriation and shortage of paddy and jute bags found during physical verification of stock at Society Branch Gatoura, but considering the fact that co-accused, namely, Komal Prasad Chandrakar has already been granted regular bail by this Court vide order dated 07.05.2026 passed in 4 MCRC No.4260 of 2026 and one co-accused, namely, Lav Kumar Yadav has been granted anticipatory bail by this Court vide order dated 04.05.2026 passed in MCRCA No.666 of 2026 and the case of present applicant is identical to that of the co-accused who granted regular bail by this Court, further the applicant has no criminal antecedent, 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. 7. Accordingly, the application is allowed. 8. Let the Applicant-Huleshwar Dhirhi, involved in Crime No. 213/2026 registered at Police Station Masturi, District- Bilaspur (C.G.) for the offence punishable under Sections 316(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, 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