1 CGHC010306742026 2026:CGHC:35676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7398 of 2026 Vivek Chandrakar S/o Shri Rajkumar Chandrakar Aged About 38 Years R/o Village - Mokhla, Thana - Arang, District- Raipur (C.G.) Presently Residing At Sector 2, Chhawani, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House O6cer, Police Station Saraypali, District- Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2026 1. This is the 9rst bail application 9led 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. 81/2025 registered at Police Station – Saraypali, District – Mahasamund (C.G.), for the o<ence punishable under Sections 318(4), 316(3), 336(3), 338 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant, Pawan Kumar Agrawal, lodged a report at Police Station Saraypali against an unknown person, alleging that he had received a call from Bharadwaj Transport, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.13 12:46:41 +0530 2 Raipur, informing him that a TATA 1512 truck bearing registration No. CG-11-BP-8490 had been arranged for transportation of his consignment. Accordingly, on 05.03.2025, approximately 19.270 metric tonnes of polished rice bran/rice dust (कोBहा), valued at Rs. 5,54,400/-, was loaded into the said vehicle from Balodia Rice Mill for transportation to the intended destination. It is alleged that the driver remained in contact with the complainant until about 1:30 p.m. on 06.03.2025, after which he switched o< his mobile phone, and neither the vehicle nor the consignment reached the intended destination. Consequently, suspecting cheating and misappropriation of the goods, the complainant lodged the report, on the basis of which Crime No. 81/2025 was registered at Police Station Saraypali for the o<ence punishable under Section 316(3) of the Bharatiya Nyaya Sanhita. During the course of investigation, the present applicant, along with the co-accused persons, came to be implicated in the o<ence and was subsequently arrested. After completion of the investigation, the charge-sheet has been 9led before the competent Court. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He further submits that the applicant has no criminal antecedents. It is also contended that other co-accused person, namely - Onkarnath Singh has already been granted bail by this Court vide order dated 26.06.2025 passed in MCRC No. 4913 of 2025, Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been 9led in the present case. However, he could not dispute the fact that identically situated co-accused person has already been granted regular bail by this 3 Court. 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 that the applicant has no criminal antecedents, further, the co-accused, namely Onkarnath Singh has already been granted bail by this Court vide order dated 26.06.2025 passed in MCRC No. 4913 of 2025, moreover, the fact that the charge-sheet has already been 9led before the competent Court, the applicant has been in custody since 25.03.2025, and the conclusion of the trial is likely to take considerable time. Therefore, this Court is of the view that the applicant is entitled to be released on bail on the ground of parity. 7. Let the Bail of the Applicant – Vivek Chandrakar, involved in Crime No. 81/2025 registered at Police Station – Saraypali, District – Mahasamund (C.G.), for the o<ence punishable under Sections 318(4), 316(3), 336(3), 338 and 3(5) of the Bhartiya 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 9le an undertaking to the e<ect that he shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through his counsel. In case of his absence, without su6cient cause, the trial court may proceed against him under Section 269 4 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 9xed 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 9xed 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 su6cient 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. O6ce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek