1 2026:CGHC:24367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4796 of 2026 Suraj Soni S/o Kedar Lal Soni Aged About 36 Years R/o Santoshi Mata Chowk Next To Amarkhand Agency, Police Station Kolgawan District Satna, M.P. ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Surajpur, District Surajpur, C.G. ... Respondent(s) For Applicant(s) : Mr. Yash Tripathi holding brief of Mr. Shivang Dubey, Advocate. For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2026 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. 23/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 316(3), 318(2), 336(3), 338, 340(2), 317(2), 317(5), 61(2)(a), 238, 3(4) of BNS. 2. Case of the prosecution, in brief, is that the applicant along with other co-accused persons, entered into a criminal conspiracy to dishonestly misappropriate a consignment of 30 tons and 160 kilograms of iron rods valued at Rs.15,23,908. As per the prosecution case, the consignment was dispatched on 08.01.2026 from Nayanpur through truck bearing Registration No. UP 61 AT 2832 for delivery to Nandi Enterprises, Bhadohi. It is alleged that instead of delivering the consignment to its intended destination, the applicant and co-accused persons diverted and caused the disappearance of the goods, thereby committing criminal breach of trust, cheating, and related offences. On the basis of the said allegations, the applicant has been implicated in the present crime and charged under Sections 316(3), 318(2), 336(3), 338, 340(2), 317(2), 317(5), 61(2)(A), 238 and 3(4) of the Bharatiya Nyaya Sanhita, 2023. 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, Sunil Kumar Vishwakarma has already been granted bail by this Court vide order dated15.05.2026 in MCRC No.4660 of 2026. The applicant is in jail since 01.02.2026, the 3 applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly in furtherance of a criminal conspiracy with the co-accused persons, he dishonestly misappropriated a consignment of iron rods valued at Rs.15,23,908 by diverting and causing the disappearance of the cargo instead of ensuring its delivery to the consignee at Bhadohi, thereby committing offences of criminal breach of trust, cheating, and allied offences, but could not dispute the fact that identically situated co-accused, Sunil Kumar Vishwakarma has already been granted 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 01.02.2026, the fact that though the allegedly in furtherance of a criminal conspiracy with the co-accused persons, he dishonestly misappropriated a consignment of iron rods valued at Rs.15,23,908 by diverting and causing the disappearance of the cargo instead of ensuring its delivery to the consignee at Bhadohi, 4 but considering the fact that co-accused, namely, Sunil Kumar Vishwakarma has already been granted bail by this Court vide order dated15.05.2026 in MCRC No.4660 of 2026 and the case of present applicant is identical to that of the said co-accused, further the applicant has no criminal antecedent and charge-sheet has been filed, 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. 8. Let the Applicant-Suraj Soni, involved in Crime No. 23/2026 registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 316(3), 318(2), 336(3), 338, 340(2), 317(2), 317(5), 61(2)(a), 238, 3(4) of BNS, be released on bail on his furnishing a personal bond with two local 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 5 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 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