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2026 DAILYLAW 31994 (CHH)

BANSHIDHAR PATEL v. STATE OF CHHATTISGARH

MCRC/7664/2026 · 2026-08-17

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Judgment text

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1 CGHC010313642026 2026:CGHC:36900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7664 of 2026 Banshidhar Patel S/o Motiram Patel Aged About 56 Years R/o Katangpali, P.S. Sariya District Sarangarh-Bilaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Sariya, District – Sarangarh-Bilaigarh, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 101/2026, registered at Police Station – Sariya, District – Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 316(5), 3(5) and 61(2)(A) of the BNS. 2. The case of the prosecution, is that on 23/05/2026 the complainant namely Vidyanand Patel posted as Assistant Food Inspector, lodged first information report (F.I.R.) on the order of the Collector Sarangarh Bilaigarh (C.G.) alleging that on between 15/11/2025 to 20/04/2026 during the physical verification of paddy procurement center Salehkhona registration no. 245, it was found that out of total paddy purchased 73820.40 quintals, 70677.60 quintals were delivered to the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 millers, and the available paddy in the stock was 3142.80 quintals but there was a shortage of total 3140.80 quintals, thereafter inquiry was conducted on 24/05/2026 and in the inquiry report it was stated that during verification statement of the applicant who was posted as Manager at paddy procurement center Salehkhona was recorded and in the statement it was found that Kanhiya Lal Patel who was working as a clerk, Arjun Patel, Shaukilal Sidar night watchman, Mukesh Patel alias Premsagar Patel, daily wage employee made fake entry through fake and fraudulent means committed irregularities therefore the aforesaid offences were registered against the applicant and other co- accused persons. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 24.05.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present 3 applicant, the charge-sheet has been filed in this case, the applicant is in jail since 24.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant – Banshidhar Patel, involved in Crime No. 101/2026, registered at Police Station – Sariya, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 316(5), 3(5) and 61(2) (A) of the BNS, be released on bail on his furnishing a 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 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 4 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 Rajshekhar