1 CGHC010310752026 2026:CGHC:36335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7529 of 2026 Nikhil Kumar Sahu S/o Late Shri Manohar Lal Sahu Aged About 33 Years Resident Of Plot No.70 Golden Park, Near High Court Colony, Bodari Police Station Chakarbhata, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Masturi, District Bilaspur (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Ms. Mamta Gendle, Advocate. For Non-applicant/State :Mr. SS Baghel, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.08.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.14 19:14:11 +0530 2 connection with Crime No.389/2026 registered at Police Station – Masturi, District Bilaspur (C.G.), for the offences under Sections 316(3), 317(4), 111 and 3(5) of BNS. 2. According to the prosecution story, complainant Captain Satyanarayan lodged a written report alleging that the drivers of trailer Nos. CG-10-CE-5488, CG-10-BT-6138 and CG-15- EG-5055, along with their associates, loaded G-11 grade coal from Gevra Mines, SECL and while transporting the same to Rashi Steel Plant, allegedly diverted and adulterated the coal by mixing it with other coal. During investigation, the vehicles carrying the coal were seized and the driver Jaykant Yadav was interrogated. Thereafter, co-accused Sumit Yadav and Suraj Singh were apprehended and in their memorandum statements, they allegedly disclosed that the SECL coal was being taken to the coal depot of co-accused Akash Singhal at Toll Plaza, Beltara, where it was unloaded and mixed with other coal before being transported to Rashi Steel Plant. Their mobile phones and vehicle documents were seized. Subsequently, co-accused Akash Singhal was apprehended and pursuant to his disclosure, the coal and loader vehicle bearing No. CG-10-BX-2267 kept at his coal depot were seized. Based on these allegations, the offences as mentioned above have been registered against the present 3 Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case and that his name is not mentioned in the FIR, nor was he arrested at the spot or any overt act attributed to him. It is further submitted that the prosecution case is based on circumstantial evidence and the uncorroborated memorandum statement of a co-accused, with no incriminating article or material having been seized from the Applicant. She further submits that the investigation is still pending and charge-sheet has not yet been filed and the evidence relied upon by the prosecution is primarily documentary and digital in nature and already in the custody of the Investigating Agency. It is also submitted that the Applicant is in custody since 28.06.2026, co-accused Suraj Singh and Akash Singhal have already been granted bail vide order dated 11.08.2026 passed in M.Cr.C Nos.6182/2026 and 6199/2026 respectively and therefore, the present Applicant may also be enlarged on bail on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the Applicant has one previous criminal antecedent under the NDPS Act. 5. I have heard learned counsel for the parties and perused the 4 case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the Applicant has not been named in the FIR, no overt act is attributed to him and no incriminating article has been seized from his possession, the fact that co-accused Suraj Singh and Akash Singhal have already been granted bail by this Court vide order dated 11.08.2026 passed in M.Cr.C. Nos.6182/2026 and 6199/2026 respectively, the period of custody of the Applicant since 28.06.2026 and without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to extend the benefit of parity to the Applicant. Accordingly, the bail application is allowed. 7. Let Applicant- Nikhil Kumar Sahu involved in Crime No. 389/2026 registered at Police Station – Masturi, District Bilaspur (C.G.), for the offences under Sections 316(3), 317(4), 111 and 3(5) of 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/she shall not seek any adjournment on the dates fixed for 5 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/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/her 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/her, 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/her 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 Priya