1 CGHC010237482026 2026:CGHC:32675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5721 of 2026 1 - Akhilchandra Singh S/o Shri Chhotelal Singh Aged About 50 Years Caste- Gond R/o Village- Jilda Police Post- Podi- Bachra P.S. Baikunthpur District- Koriya (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through- Station House Officer Out Post - Podi- Bachra P.S. Baikunthpur District- Koriya (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shakti Raj Sinha, Advocate For Respondent(s)/State : Mr. Shailendra Sharma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of RUCHI YADAV Digitally signed by RUCHI YADAV 2 regular bail to the applicant, who is in judicial custody in connection with Crime No. 158/2026 registered at Police Station Baikunthpur, District Koriya (Chhattisgarh), for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, and Section 316(5) of the Bharatiya Nyaya Sanhita, 2023. 2. According to the prosecution case, the applicant, while serving as the Committee Manager of the concerned Cooperative Society, illegally misappropriated 246.75 metric tonnes of chemical fertilizer worth approximately ₹68 lakh, which had been allotted for distribution to farmers during the year 2025–26. The shortage was detected during a physical verification conducted on 13.05.2026 by the Fertilizer Inspector in the presence of the Naib Tehsildar, officials of the Cooperative Department, and local villagers, wherein the physical stock was found substantially less than the online stock records. On the basis of the complaint and the Collector's directions, Crime No. 158/2026 was registered under Sections 3 and 7 of the Essential Commodities Act. During investigation, it was found that the applicant, being a public servant, had committed criminal breach of trust by misappropriating the fertilizer while discharging his official duties, whereupon Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 was also added. The applicant was arrested on 23.05.2026, and the investigation is ongoing. 3. Learned counsel for the applicant submits that the applicant is 3 innocent and has been falsely implicated in the present case and has not committed any offence as alleged. It is submitted that the alleged discrepancy in fertilizer stock occurred due to the non- functioning of the POS system across the State and not on account of any misappropriation by the applicant. It is further submitted that the fertilizer had already been distributed to eligible farmers in accordance with the resolutions of the concerned Co- operative Society. The applicant has been in judicial custody since 23.05.2026 and the trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature. It is further submitted that the investigation is still in progress and the charge-sheet has not yet been filed. It is also submitted that the applicant has two criminal antecedents registered under the provisions of the Indian Penal Code. Therefore, considering the gravity of the offence, the criminal antecedents of the applicant, and the stage of the investigation, the applicant is not entitled to the benefit of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the nature and circumstances of the case, the allegations levelled against the applicant, the period of 4 custody of the applicant since 23.05.2026, the fact that the investigation is still in progress and the charge-sheet has not yet been filed and the likelihood of the trial taking considerable time, this Court is of the opinion that further custodial detention of the applicant is not warranted at this stage. Although the applicant is stated to have two criminal antecedents, considering the overall facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Court is inclined to allow the present bail application. Accordingly, the bail application is allowed. 7. Let the Applicant – Akhilchandra Singh involved in Crime No.- 158/2026 registered at Police Station Baikunthpur, District Koriya (Chhattisgarh), for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, and Section 316(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. 5 (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. 6 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