1 2026:CGHC:27440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5878 of 2026 Manish Kumar Yadav S/o Ramlakhan Yadav Aged About 35 Years R/o Village Daga Bargawan, District Singrauli (Madhya Pradesh) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur, District Surajpur (Chhattisgarh) ... Respondent For Applicant : Mr. Umakant Singh Chandel, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.07.2026 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.23/2026 registered at Police Station – Surajpur, District Surajpur (C.G.) for the offences punishable under Sections 316(3), 318(4), 336(3), 338, 340(2), 317(2), 317(5), 61(2)(A), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.03 14:42:24 +0530 2 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(4), 336(3), 338, 340(2), 317(2), 317(5), 61(2)(A), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Consequently, the applicant was arrested and charge sheet has been filed for the aforementioned offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any of the alleged offences. It is contended that the investigation has been completed and the charge-sheet has already been filed; therefore, no further custodial interrogation of the applicant is required and there is no likelihood of his tampering with the prosecution evidence or obstructing the due process of law. It is further submitted that the applicant has been in judicial custody since 01.02.2026 and, considering that none of the 21 prosecution witnesses has yet been examined before the learned Trial Court, the conclusion of the trial is likely to take considerable time. Learned counsel also submits that the co-accused, namely Sunil Kumar Vishwakarma and 3 Suraj Soni, have already been enlarged on bail by this Hon'ble Court in MCRC No. 4660/2026 and MCRC No. 4796/2026, respectively, and the case of the present applicant stands on the same, if not better, footing; therefore, he is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the applicant is the sole breadwinner of his family and his continued incarceration would cause undue hardship to his dependents. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready and willing to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicant. 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, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, namely Sunil Kumar, has already been granted bail vide order dated 15.05.2026 passed in MCRC No. 4660 of 2026, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 01.02.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Manish Kumar Yadav, involved in Crime No.23/2026 registered at Police Station – Surajpur, District Surajpur (C.G.) for the 4 offences punishable under Sections 316(3), 318(4), 336(3), 338, 340(2), 317(2), 317(5), 61(2)(A), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav