1 2026:CGHC:22321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4448 of 2026 • Dharmendra Kumar Sahu S/o Shri Parsadi Ram Sahu Aged About 36 Years R/o Village- Nawagaon (Dhau.), Police Station- Magarlod, District- Dhamtari (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer, Police Station- Magarlod, District- Dhamtari (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Awadh Tripathi, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.05.2026 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. 15/2026, registered at Police Station – Magarlod, District – Dhamtari (C.G.) for the offence punishable under Sections 305(e), 318(4), 336(3), 338, and 340 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the Chief Executive Officer Janpad Pachayat Magarlod lodged the written complaint on 16.01.2026 'stating that the applicant/accused who is posted on the post of Data Entry Operator since last 15 years is unauthorized VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.14 11:28:02 +0530 2 absent from 05.01.2026 and during the inspection of the record it is came into the knowledge of the department that the applicant has committed theft of 03 cheques bearing No. 000046, 000047 and 000048 of the account No. 87340100019522 which is related to Swami Vivekanand Yuva Protsahan Scheme, Bank of Baroda, Branch Bhainsmudi, and on 14.07.2025 he has transferred the amount Rs. 2,96,300/- in the account No. 34101142745 which is related to Sahu Tent and Catering through Cheque No. 000048, account, it is further alleged that the applicant has also transferred the remuneration of Rs. 30,000/-issued in favor of Ex-President of Janpad Panchayat Magarlod/Smt. Jitya Bai Thakur in his account, likewise the applicant has transferred total Rs. 8,52,795/- in his account. on the complaint of the complainant on 16.01.2026 Police Station Magarlod, District Dhamtari (C.G.) registered the Crime No. 15/2026 against the applicant for the alleged offences punishable U/s 305 (e), 318 (4), 336, 338 and 340 of B.N.S. (380, 420, 463, 467, 470 I.P.C.) and during the investigation arrested the present applicant on 22.01.2026 despite the fact that the applicant has not committed any offence as alleged against him, that the applicant is working on the post of Data Entry Operator since last 15 years and in between there is no complaint against the present applicant with respect to any misappropriation of funds, that the amount has been transferred in the account 'Sahu Tent and Catering Bothadih', 'S.K. Traders Kurud', 'Gurukripa Hotel and Bhojanalay Magarlod', that the above mentioned accounts are not related to the present applicant, that the applicant has not committed any fraud and has not misused the fund of the Janpad Panchayat, he has been falsely implicated and his service has also been terminated by the department without any inquiry, that the applicant is in custody since 22.01.2026 and the 3 charge sheet has been filed therefore there is no need of custodial interrogation and there is no chance of tempering with the prosecution witnesses. Hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant is working on the post of Data Entry Operator since last 15 years and in between there is no complaint against the present applicant with respect to any misappropriation of funds. He further submits that applicant has not committed any fraud and has not misused the fund of the Janpad Panchayat, he has been implicated and his service has also been terminated by the department without any inquery. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 22.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and the charge-sheet has been filed in this case before the competent Court. He also submits that applicant has not criminal antecedent. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that applicant has also been terminated by the department, charge-sheet has been filed against the applicant and applicant has not criminal antecedent, the applicant is in jail since 22.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 4 7. Let applicant, Dharmendra Kumar Sahu, involved in Crime No.15/2026, registered at Police Station – Magarlod, District – Dhamtari (C.G.) for the offence punishable under Sections 305(e), 318(4), 336(3), 338, and 340 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 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 5 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