1 CGHC010292062026 2026:CGHC:32899 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6869 of 2026 Dharmendra Sao S/o Late Jagdish Sao, Aged About 46 Years R/o Ward Number 35, Sector - 11 Zone 3, Mini Mata Nagar, Khursipar, Bhilai, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O. P.S. Kabir Nagar, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.07.2026 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. 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 upon secret information regarding the storage of illicit diesel, the Investigating Officer conducted a raid, during which the applicant was arrested from the spot. The allegation against the applicant is that he was the purchaser of the diesel. However, no incriminating diesel was recovered from his possession. It is pertinent ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.31 11:11:32 +0530 2 to state that the applicant was merely a bystander and was apprehended solely on suspicion, and was subsequently implicated in the present crime. After his arrest, the applicant was produced before the learned JMFC, who remanded him to judicial custody. Since 08.06.2026, the applicant has remained incarcerated despite being innocent. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits the applicant was arrested by the police of Police Station Kabir Nagar, District Raipur (C.G.), on 08.06.2026 for the alleged offences punishable under Sections 3 and 7 of the Essential Commodities Act and Sections 287 and 111 of the Bharatiya Nyaya Sanhita (BNS). The applicant has now remained in judicial custody for almost one and a half months despite being innocent. He also submits that the applicant is not a hardened criminal, and the present case is the first criminal case registered against him. Therefore, it can safely be presumed that keeping him in the company of hardened undertrial prisoners would adversely affect his psyche. He submits that the present applicant has no criminal antecedents and he is in jail since 08.06.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and also endorse the submission made by learned counsel, for the applicant that the present applicant has no criminal antecedent. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal 3 antecedents. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 08.06.2026, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Dharmendra Sao, 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 a personal bond with two sureties in the like amount 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek