1 2026:CGHC:22576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4458 of 2026 Rajendra Rathor S/o Late Malloo Ram Rathor Aged About 65 Years R/o Village - Gataura, Police Station Masturi, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Masturi, District – Bilaspur, Chhattisgarh ---- Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 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 offences punishable under Section 316(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in the session 2025-26, paddy purchasing center (Dhan Kharidi Kendra) Gataura have purchased paddy from the formers but during the course of inspection, 919.69 quintal of paddy and 9217 (17 new and 9200 old) Bardana have found shortage, whereas govt. has loss a sum of rupees 28, 51,000/- and as per complaint made by complainant, offence under section 316 (5) of Bhartiya Nyaya Sanhita 2023 has been registered against the present RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant (The then President of Society) and 3 other accused persons namely Komal Chandrakar (The then Society Manager), Lav Kumar Yadav (The then In-Charge of Paddy Purchasing), Huleshwar Dhirahi (The then Computer operator). 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the aforesaid case. Further, the applicant has no previous criminal antecedents. He submits that the co-accused Lav Kumar Yadav has already been granted anticipatory bail by this Court passed in MCRCA Nos. 666/2026 vide order dated 04.05.2026, and two co-accused persons Komal Prasad Chandrakar and Huleshwar Dhirhi have been granted regular bail by this Court vide order dated 07.05.2026 and 11.05.2026 passed in MCRC Nos. 4260/2026 and 4380/2026. The applicant is in jail since 03.04.2026 and the conclusion of the trial may take some more time. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application, but he could not dispute the fact that the co-accused persons have already been granted anticipatory bail and regular bail by this Court. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Considering the facts and circumstances of the case, nature of allegations, the material available on record and the fact that the co- accused Lav Kumar Yadav has already been granted anticipatory bail by this Court passed in MCRCA Nos. 666/2026 vide order dated 3 04.05.2026, and two co-accused persons Komal Prasad Chandrakar and Huleshwar Dhirhi have been granted regular bail by this Court vide order dated 07.05.2026 and 11.05.2026 passed in MCRC Nos. 4260/2026 and 4380/2026, the applicant has has no previous criminal antecedents, and he has been in jail since 03.04.2026 and the conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let applicant, Rajendra Rathor, involved in Crime No. 213/2026 registered at Police Station Masturi, District – Bilaspur (C.G.), for the offences punishable under Section 316(5) of Bharatiya Nyaya Sanhita, 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, 4 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 Rajshekhar