1 CGHC010325242026 2026:CGHC:37385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7733 of 2026 Pankaj Chandrakar S/o Pawan Kumar Chandrakar Aged About 36 Years R/o Ward No. 2 Near Hanuman Mandir, Imlibhadha Mahasamund, Ps And District- Mahasamund (Chhattisgarh) ... Applicant(s) versus State Of Chhattisgarh Through Police Station- Singhoda, District- Mahasamund (Chhattisgarh) ... Non-applicant(s) For Applicant : Mr. Sabyasachi Bhaduri, Advocate For Non-applicant/State : Mr. Sumit Singh, Dy. Adv. General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.08.2026 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. 42/2026, registered at Police Station Singhoda, District- Mahasamund (C.G.) for the o;ences punishable under Sections 238, 316(3), 336(3), 61, 338, 340(2) and 316(5) of the BNS and Sections 3 and 7 of the Essential Commodities Act. 2. The case of the prosecution, in brief, is that the F.I.R. in respect of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the incident dated 30.03.2026 was lodged on 29.04.2026 at the instance of the Head Constable of Police Station Singhoda, District- Mahasamund. It is alleged that Crime No. 96/2025 was registered for certain o;ences, in which the present applicant was not an accused and six LPG-@lled capsule trucks were seized by the police in December, 2025. Owing to the prevailing summer season, intense heat and absence of adequate safety and storage facilities at Police Station Singhoda, the said six LPG-@lled capsule trucks were directed to be shifted to a safe and secure place. Accordingly, on 30.03.2026, the oCcials of the Food Department handed over the six LPG-@lled capsule trucks to Santosh Singh Thakur, Operator of Thakur Petrochemical, Urla, Abhanpur, for their safe custody, who through his employees took custody of the said trucks from Police Station Singhoda and caused them to be transported and kept at the premises of Thakur Petrochemical, Urla, Abhanpur. It is further alleged that the applicant, in connivance with Santosh Singh Thakur and other persons, committed criminal breach of trust in respect of the LPG capsule trucks containing LPG gas of substantial value. The prosecution further alleges that the applicant was involved in the alleged commission relating to six LPG capsule trucks and approximately 210 LPG cylinders and that he had received Rs.20 lakhs as commission, out of which Rs.2 lakhs was allegedly spent towards the treatment of his nephew and the remaining amount was used in business. On the basis of the aforesaid allegations, Crime No. 42/2026 was registered against the applicant and other co- accused persons for the aforesaid o;ences and the applicant was 3 arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the investigation has substantially progressed and charge-sheet has been @led before the competent Court. He further submits that the prosecution case is based upon circumstantial evidence and the alleged confessional statements were obtained under duress and coercion and are not voluntarily made. It is further submitted that the allegations against the applicant are based merely on suspicion and the fact that he was in touch with the other co-accused persons and there is no substantial material to establish his involvement in the alleged o;ence. Learned counsel further submits that the applicant has only one criminal antecedent of the year 2025 relating to a road accident which has been duly explained in the bail application. He further submits that co-accused Manish Kumar Choudhary has already been granted bail by this Court in M.Cr.C. No. 7345/2026 vide order dated 11.08.2026 and another co-accused Ajay Yadav has also been granted bail by this Court in M.Cr.C. No. 7461/2026 vide order dated 13.08.2026. He submits that, in view of the aforesaid facts and the parity with the said co-accused persons, the applicant is also entitled to be enlarged on regular bail. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail to the applicant and submits that the applicant is involved in a serious o;ence relating to the alleged misappropriation 4 and criminal breach of trust in respect of LPG capsule trucks and LPG gas of substantial value. However, so far as the criminal antecedents of the applicant is concerned, he submits that the applicant has only one criminal antecedent of the year 2025 relating to a road accident. He could not dispute the fact that co-accused Manish Kumar Choudhary has been granted bail by this Court in M.Cr.C. No. 7345/2026 vide order dated 11.08.2026 and co- accused Ajay Yadav has also been granted bail by this Court in M.Cr.C. No. 7461/2026 vide order dated 13.08.2026. However, considering the nature and gravity of the allegations, he submits that the applicant is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has only one criminal antecedent of the year 2025 relating to a road accident and further considering that co-accused Manish Kumar Choudhary has already been granted bail by this Court in M.Cr.C. No. 7345/2026 vide order dated 11.08.2026 and another co-accused Ajay Yadav has also been granted bail by this Court in M.Cr.C. No. 7461/2026 vide order dated 13.08.2026, coupled with the fact that the charge-sheet has been @led before the competent Court, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. 8. Let applicant, Pankaj Chandrakar, involved in Crime No. 42/2026, 5 registered at Police Station Singhoda, District- Mahasamund (C.G.) for the o;ences punishable under Sections 238, 316(3), 336(3), 61, 338, 340(2) and 316(5) of the BNS and Sections 3 and 7 of the Essential Commodities Act, 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 @le an undertaking to the e;ect that he shall not seek any adjournment on the dates @xed 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 @xed, either personally or through his counsel. In case of his absence, without suCcient 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 @xed 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 @xed for (i) opening of the case, 6 (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 suCcient 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. OCce is directed to send a certi@ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal