1 2026:CGHC:24399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5097 of 2026 • Vivek Chandrakar S/o Shri Radhelal Chandrakar Aged About 33 Years Occupation Daily Wages Employee Paddy- Procurement Center Pendrikala R/o Village Neurgaon P.S. Kunda Tehsil Pandariya District Kabeerdham C.G. ... Applicant(s) versus • The State of Chhattisgarh Through - Station House Officer Police Station Kunda District Kabeerdham C.G. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Rajendra Patel, Advocate For Respondent(s) : Mr. Priynak Rathi, Government Advocate 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.15/2026 registered at Police Station – Kunda District - Kabeerdham, (C.G.) for the offence punishable under Sections 316(3), 316(5), 318(4), 336(3), 338 and 340 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that the applicant was working as VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.18 17:38:15 +0530 2 daily wages employee in the Pendrikala Society and after resignation of the Manager Abhishek Verma he was directed to work as Fad Prabhari and on 12.01.2026 the physical verification of the Procurement Center was made by the Nodal Officers and enquiry team found 2272 quintal paddy shortage of paddy and 5680 bags were found less at Paddy Procurement Center Pendrikala, Distt.- Kabeerdham so the report is submitted and based on the said physical verification report FIR has been lodged by the Branch Manager, Zila Sahakari Kendriya Bank Maryadit Rajnandgaon, Branch Kunda, District Kabirdham (C.G.) against the applicant and the Police has registered the offences as mentioned above and arrested the applicant for the alleged commission of offence. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 26.03.2026. The charge-sheet has not been filed, conclusion of the trial is likely to take some time. He further submitted that the co-accused, namely, Vivek Chandrakar has already been granted anticipatory bail by this Court in MCRCA No.325 of 2026, vide order dated 27.02.2026, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application. He further submits that in the present case charge-sheet has not been filed and applicant has no criminal antecedent, but he could not disputed the fact that co-accused person namely, Vivek Chandrakar has already been granted anticipatory bail by this Court in MCRCA No.325 of 2026, vide order dated 27.02.2026. 5. I have heard learned counsel appearing for the parties and perused 3 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, the fact that the conclusion of the trial may take some time and further that co-accused, namely, Vivek Chandrakar has already been granted anticipatory bail by this Court in MCRCA No.325 of 2026, vide order dated 27.02.2026, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant- Vivek Chandrakar, involved in Crime No.15/2026 registered at Police Station – Kunda District - Kabeerdham, (C.G.) for the offence punishable under Sections 316(3), 316(5), 318(4), 336(3), 338 and 340 of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on their 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, 4 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. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali