Extracted from the PDF above. The PDF is authoritative.
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CGHC010235482026
2026:CGHC:29198
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5575 of 2026 1 - Girdhar Bhoi S/o Alam Sai Aged About 32 Years R/o Village Tildega, Dhodhipara, Police Station Patthalgaon District- Jashpur (C.G.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer Police Of Police Station Patthalgaon District- Jashpur (C.G.)
... Respondent(s) For Applicant(s) : Mr. Dinesh Yadav, Advocate For Respondent(s)/State : Mr. Jitendra Shrivastava, G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 10.07.2026
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.109/2025 registered at Police Station- Patthalgaon, District- RUCHI YADAV Digitally signed by RUCHI YADAV
2 Jashpur (C.G.) for the offence punishable under Sections 318(4) and 316(4) of BNS.
2. As per the prosecution case, in brief, on 15.05.2025, the complainant, namely Harish Kewat, lodged a written complaint at Police Station Patthalgaon, District Jashpur, alleging that he is the proprietor of Arth Movers, Jashpur Road, which deals in the sale of JCB spare parts. It is alleged that the present applicant had been working as the Parts Incharge at the said establishment since August, 2024. During a stock inspection, a shortage of spare parts valued at ₹12,68,801/- was allegedly detected. Upon conducting an internal inquiry, the complainant allegedly discovered that the applicant had received payments from customers into his personal bank account instead of depositing the same into the account of the establishment. It is further alleged that, by adopting the aforesaid modus operandi, the applicant misappropriated a total amount of ₹9,28,277/-. On the basis of the said complaint, the police registered the First Information Report against the applicant and, during the course of investigation, arrested him.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has neither committed nor participated in the commission of any offence as alleged by the prosecution. Learned counsel further submits that the applicant has been in judicial custody since 07.04.2026, the investigation
3 has been completed and the charge-sheet has already been filed; therefore, his further custodial interrogation is no longer required. It is also submitted that the applicant has no criminal antecedents. As the conclusion of the trial is likely to take considerable time, it is prayed that the applicant be enlarged on bail. 4. Learned State counsel opposes the prayer for grant of bail and submits that, considering the nature and gravity of the allegations as well as the material collected during the course of investigation, the applicant is not entitled to be enlarged on bail. It is, therefore, prayed that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the nature of the allegations, the fact that the investigation has been completed and the charge-sheet has already been filed, the applicant has been in judicial custody since 07.04.2026, has no criminal antecedents, and further custodial interrogation is no longer required, coupled with the fact that the conclusion of the trial is likely to take considerable time, this Court is of the opinion that the applicant has made out a case for grant of bail. Accordingly, without expressing any opinion on the merits of the case, the application is allowed. 7. Let the Applicant – Girdhar Bhoi involved in Crime No.- 109/2025 registered at Police Station- Patthalgaon, District- Jashpur (C.G.) for the offence punishable under Sections 318(4)
4 and 316(4) of BNS, 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 his 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
5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 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 Ruchi