1 2026:CGHC:25210 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5391 of 2026 Ramesh Nayak S/o Bhikhu Ram Nayak Aged About 30 Years R/o Mudagoan Ramnathpur, P.S. Lailunga, District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Pathalgaon, District – Jashpur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Vedant Shadangi, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.06.2026 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. 175/2024, registered at Police Station – Pathalgaon, District – Jashpur (C.G.) for the offence punishable under Sections 408 of the IPC. 2. The case of the prosecution, is that one Ashok Kumar Vaishnav submitted a written complaint on 25/08/2024 at Police Station Pathalgaon stating that he works as a Team Leader in N Tex Transportation Services Pvt Ltd Raipur and his company handles last point delivery for Flipkart website from its office located near Gurudev Engineering in Pathalgaon. The accused Ramesh Kumar Nayak was working as Branch In-charge at the said office, during whose tenure he committed foul play/irregularities with various goods worth approximately Rs. 12,00,000/- and when questioned about the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 irregularities found in various items, he failed to provide any explanation or satisfactory answer. 3. During the applicant's tenure, the parent company, Flipkart, informed that the items listed in the list attached to the complaint were incorrect or had been replaced. According to the complaint, it has been alleged that three laptops with tracking numbers FMPC 3684746792, FMPC 3660240501, and FMPC 3674377874 were sent from Flipkart's Raipur hub on May 4, 2024 and accused Ramesh Kumar Nayak entered the receipt system at Pathalgaon on May 5, 2024 and after few days, it was told by the accused that another subordinate employee at the branch had mistakenly entered the receipt entry, even though the items had not been received. According to the list received from Flipkart, the amount of goods not received at the branch has been estimated to be around Rs. 12,00,000/- (Approximately) and the goods which were not returned by the branch staff either through manual delivery or after taking delivery have not been returned, for which no explanation is being given by the applicant/accused. All the above manipulations have taken place between 26th April 2024 to 30th June 2024. Based on the statement so received the present applicant was arrested. Hence this application. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 21.04.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 3 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 21.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Ramesh Nayak, involved in Crime No. 175/2024, registered at Police Station – Pathalgaon, District – Jashpur (C.G.) for the offence punishable under Sections 408 of the IPC, 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, 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar