Extracted from the PDF above. The PDF is authoritative.
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CGHC010292032026
2026:CGHC:32915
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6886 of 2026 1 - Ramji Yadav S/o Late Chauthiram Yadav Aged About 45 Years R/o- Power House Camp- 1, Pragati Nagar, Ward Number 30, Bhai Kirana Stores, PS Chawni, District Durg, C.G.
--- Applicant(s) versus 1 - State of Chhattisgarh Through SHO PS Kabir Nagar, District Raipur, C.G.
--- Respondent(s)
For Applicant(s) : Mr. Lukesh Kumar Mishra, Advocate For Respondent(s)/State : Mr. Sourabh Sahu, P.L.
Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 30.07.2026 RUCHI YADAV Digitally signed by RUCHI YADAV
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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. 116/2026 registered at Police Station : Kabir Nagar, District - Raipur (C.G.) for the offence punishable under Sections 3 and 7 of the Essential Commodities Act and Sections 287 and 111 of the Bhartiya Nyaya Sanhita, 2023.
2. As per the prosecution story, acting on secret information regarding the illegal storage of diesel, the investigating officer conducted a raid and seized a tanker bearing registration No. CG 07 BA 8727 containing 12,000 litres of diesel from the spot. It is further alleged that the tanker was engaged for transportation of diesel from Indian Oil, Lakholi, to Rajnandgaon. On the basis of the said incident, the FIR was registered and the applicant was arrested on 08.06.2026. Thereafter, he was produced before the concerned JMFC, who remanded him to judicial custody, where he has remained since then.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that the essential ingredients of the alleged offences are not attracted against him. It is further submitted that the applicant has been in judicial custody since 08.06.2026, the investigation has been completed and the charge-sheet has already been filed.
Learned counsel also submits that the applicant has no criminal antecedents and the trial is likely to take considerable time to
3 conclude. 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 though the investigation has been completed and the charge-sheet has already been filed, considering the material collected during investigation, the applicant is not entitled to the benefit of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the applicant has been in judicial custody since 08.06.2026, the investigation has been completed and the charge-sheet has already been filed, the applicant has no criminal antecedents, and the trial is likely to take considerable time to conclude, this Court is of the opinion that further custodial detention of the applicant is not warranted at this stage. Without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application is allowed. Let the Applicant – Ramji Yadav involved in Crime No. 116/2026 registered at Police Station : Kabir Nagar, District - Raipur (C.G.) for the offence punishable under Sections 3 and 7 of the Essential Commodities Act and Sections 287 and 111 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two
4 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
5 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. 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