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2026 DAILYLAW 32369 (CHH)

ARJUN PATEL v. STATE OF CHHATTISGARH

MCRC/6542/2026 · 2026-08-17

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Judgment text

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1 CGHC010228732026 2026:CGHC:36869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.5375 of 2026 1 - Vasudev Patel S/o Maganlal Patel Aged About 48 Years Resident of Village Baramkela, Police Station Baramkela, District- Sarangarh- Bilaigarh (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Sariya District- Sarangarh-Bilaigarh (C.G.) Respondent(s) MCRC No.6952 of 2026 1 - Mukesh Patel Alias Premsagar Patel S/o Gourishankar Patel Aged About 38 Years R/o Salheona, P.S. Sariya, Tehsil Sariya, District- Sarangarh- Bilaigarh (C.G.) Applicant (s) Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Sariya, District- Sarangarh- Bilaigarh (C.G.) Respondent(s) MCRC No. 6477 of 2026 Digitally signed by R NIRALA 2 1 - Kanhaiya Patel S/o Manbodh Patel Aged About 53 Years R/o Village Salheona P.S. Sariya Tehsil- Sariya District- Sarangarh-Bilaigarh (C.G.) Applicant (s) Versus 1 - State Of Chhattisgarh Through- Station House Officer Police Station Sariya District- Sarangarh-Bilaigarh (C.G.) Respondent(s) MCRC No.6542 of 2026 1 - Arjun Patel S/o Puranjan Patel Aged About 36 Years R/o Kandola P.S. Sariya, Tehsil, Sariya, District Sarangarh, Bilaigarh C.G. Applicant (s) Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Sariya District Sarangarh, Bilaigarh, C.G. Respondent(s) MCRC No.6339 of 2026 1 - Shoukilal Sidar S/o Lt. Shrilal Sidar Aged About 64 Years R/o Village Salheona, P.S. Sariya, Tehsil Sariya, District- Sarangarh-Bilaigarh, C.G. Applicant (s) Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Sariya, District- Sarangarh-Bilaigarh, C.G. Respondent(s) For Applicant (s) : Mr. Shikhar Sharma and Mr. Aman Tamboli, 3 Advocates For Respondent(s) : Mr. Soumya Rai, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2026 1. These are the first bail applications filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime No.101/2026, registered at Police Station Sariya, District Sarangarh-Bhilaigarh (C.G.) for the offence punishable under Sections 316 (5), 61 (2) (a) & 3 (5) of BNS. 2. The case of the prosecution, in brief, is that on 23-05-2026, the complainant namely Vidyanand Patel (Assistant Food Officer, Sarangarh) made written complaint to the Police Station Sariya stating therein that the Enquiry Committee made enquiry and physical verification of Seva Sahkari Samiti Maryadit (Registration Number 245, Paddy Procurement Centre Salheona) and upon the said inspection found severe irregularities in the Entry Register, Bardana Register, Paddy Entry Register, Toul Parchi and upon the statement of present employees and upon the finding the said irregularities report, Paddy Purchase Register of 2025-26 was seized from Society Manager Banshidhar Patel and upon inspection of the same, it was found that the applicants made forged purchase of paddy. On the basis of the report Police 4 registered the offences as mentioned above and arrested the applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in crime in question. He further submitted that the applicants did not cause irregularities in purchasing paddy and they were only working as daily wages employee and instead the managers and other officials were responsible for the irregularities done. He further submitted that the applicants are in jail since 24.05.2026 & 09.06.2026, they have no criminal antecedents, charge sheet has not yet been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicants be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicants and submits that the applicants are involved in embezzlement of paddy and have misappropriated huge amount of money as such they have committed a serious offence, therefore, they are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering that there are no criminal antecedents against the applicants and the applicants are in jail since 24.05.2026 & 09.06.2026, charge sheet has not 5 yet been filed and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow these applications. 7. Accordingly, the instant bail applications of the applicants are allowed. 8. Let the Applicants – Vasudev Patel, Mukesh Patel Alias Premsagar Patel, Kanhaiya Patel, Arjun Patel and Shoukilal Sidar, involved in Crime No.101/2026, registered at Police Station Sariya, District Sarangarh-Bhilaigarh (C.G.) for the offence punishable under Sections 316 (5), 61 (2) (a) & 3 (5) of BNS, be released on bail on each of them furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- “(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued 6 and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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.” 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala