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2026 DAILYLAW 34007 (CHH)

SARTHAK SINGH THAKUR v. STATE OF CHHATTISGARH

MCRC/8030/2026 · 2026-08-30

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Judgment text

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1 CGHC010332552026 2026:CGHC:38366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8030 of 2026 Sarthak Singh Thakur S/o Santosh Singh Thakur Aged About 27 Years R/o Shanti Vihar Colony, Danganiya, P.S.- D.D. Nagar, Raipur, District- Raipur, (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda, District- Mahasamund (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Mr. Ankit Singhal, Advocate. For Non-applicant/State :Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 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 connection with Crime No.42/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.31 15:02:23 +0530 2 Station – Singhoda, District Mahasamund (C.G.), for the offences under Sections 316(3), 61, 238, 249, 316(5), 336(3), 338 and 340(2) of BNS as also under Sections 3 and 7 of Essential Commodities Act. 2. The prosecution case, in brief, is that complainant Subramanyam, who operates a transport company under the name and style of “Air Green Trailer Service”, had obtained a tender from IOC, Siltra, Raipur, for transportation of LPG gas and his three capsule trucks bearing registration Nos.CG 07 CX 7245, CG 07 CX 7244 and CG 07 CS 1663 had earlier been seized in connection with Crime No.96/2025 of Police Station Singhoda and were subsequently entrusted to Thakur Petro Chemicals, Village Urla, Police Station Abhanpur, District Raipur, through its proprietor Santosh Singh Thakur for safe custody. It is alleged that when the complainant's manager went to take possession of the said vehicles pursuant to the Supurdnama order dated 06.04.2026, he found the seals of the valve boxes broken and the LPG gas empty and upon checking the GPS tracking devices, it was found that the vehicles had entered and remained at the premises of Thakur Petro Chemicals during the relevant period. It is further alleged that approximately 50 tonnes of LPG gas, valued at about Rs.45,00,000/-, was stolen from the 3 three capsule trucks in connivance with the present Applicant and other co-accused persons. Accordingly, the offences as mentioned above were registered against the 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 he is neither the seller nor purchaser of the LPG gas, nor is he the proprietor or involved in the day-to-day affairs of Thakur Petro Chemicals, to whom the LPG capsule trucks were entrusted on Supurdnama. It is further submitted that there is no material demonstrating any involvement or motive on the part of the Applicant in the alleged offence and nothing incriminating has been seized from him. He further submits that the prosecution has failed to establish the exact quantity of LPG entrusted under the Supurdnama and the quantity allegedly found missing, as no weighment was conducted at the time of entrustment and there are material inconsistencies regarding the alleged quantity and valuation of the LPG. It is submitted that the investigation has been completed and charge-sheet has been filed on 28.07.2026, however, out of 94 witnesses cited by the prosecution, none has yet been examined and therefore, the trial is likely to take considerable time. It is also submitted that the Applicant had 4 undergone bilateral hip joint surgery on 14.05.2024 and continues to face difficulty in walking and squatting. He further submits that co-accused Manish Kumar Choudhary has already been granted bail by this Court vide order dated 11.08.2026 passed in M.Cr.C. No.7345/2026, co-accused Ajay Yadav has been granted bail vide order dated 13.08.2026 passed in M.Cr.C. No.7461/2026 and co-accused Pankaj Chandrakar has also been granted bail by this Court vide order dated 20.08.2026 passed in M.Cr.C No.7733/2026 and the Applicant is in custody since 26.05.2026, therefore, he may also be granted bail on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the 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 is in custody since 26.05.2026, the trial is likely to take considerable time, and co-accused Manish Kumar Choudhary, Ajay Yadav and Pankaj Chandrakar have already been granted bail by this Court vide orders dated 11.08.2026 passed in M.Cr.C. No.7345/2026, 13.08.2026 passed in M.Cr.C. No.7461/2026 5 and 20.08.2026 passed in M.Cr.C. No.7733/2026 respectively, this Court is of the considered opinion that the Applicant is entitled to the benefit of parity. Accordingly, the bail application is allowed. 7. Let Applicant- Sarthak Singh Thakur involved in Crime No. 42/2026 registered at Police Station – Singhoda, District Mahasamund (C.G.), for the offences under Sections 316(3), 61, 238, 249, 316(5), 336(3), 338 and 340(2) of BNS as also under Sections 3 and 7 of Essential Commodities Act 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 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 6 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