1 CGHC010321922026 2026:CGHC:38352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8001 of 2026 Nikhil Vaishnav S/o Toran Vaishnav Aged About 41 Years R/o Near Railway Station Upar Para Ward 10 Abhanpur P.S. Abhanpur District Raipur (C.G.) (Correct Address) ... Applicant versus State of Chhattisgarh Through Police Station Singhoda, District - Mahasamund, (C.G.) ... Non-applicant For Applicant : Mr. Akash Kumar Kundu, Advocate. For Non-Applicant/State : Mr. Sumit Singh, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 42/2026 registered at Police Station – Singhoda, District – Mahasamund (C.G.), for the offence punishable under Sections 316(3), 61, 336(3), 340(2), 316(5), 338, 3(5), 238 and 249 of the Bhartiya Nyaya Sanhita, 2023 and Sections 3 and 7 of the Essential Commodities Act. 2. As per the prosecution case, in brief, is that the FIR relating to the incident dated 30.03.2026 was lodged with a delay of 29 days, i.e., on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.09.01 11:12:24 +0530 2 29.04.2026, at the instance of the Head Constable, Police Station Singhoda, District Mahasamund. Earlier, Crime No. 96/2025 had been registered for offences punishable under Sections 305(e), 287, 3(5), 221 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 and 7 of the Essential Commodities Act, wherein the present applicant was not implicated. During the course of investigation, six LPG cylinders were seized in December, 2025. Considering the summer season and the lack of adequate facilities for the safe storage of the seized cylinders, the Collector directed the Food Department to ensure their safe custody. Accordingly, on 30.03.2026, the six cylinders were handed over on supurdnama by the concerned officials of the Food Department to Thakur Petro Chemicals. It is alleged that the cylinders contained LPG worth approximately Rs. 77 lakhs and that the said establishment dishonestly misappropriated and sold the LPG, thereby committing offences of criminal breach of trust and cheating. The present applicant is alleged to have been working as a manager and, in conspiracy with the owner of the establishment, to have misappropriated the LPG contained in the said cylinders. Hence, the FIR was lodged. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He further submits that the applicant has no criminal antecedents. It is also contended that co-accused persons, namely, Manish Choudhary, Ajay Yadav and Pankaj Chandrakar, have already been granted bail by this Court vide order dated 11.08.2026, 13.08.2026 and 20.08.2026 passed in MCRC No. 7345 of 2026, MCRC No. 7461 of 2026 and MCRC No. 7733 of 2026. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of 3 the applicant and submits that the charge-sheet has already been filed in the present case. However, he could not dispute the fact that identically situated co-accused persons have already been granted regular bail by this Court. 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, particularly that the applicant has no criminal antecedents, further, the co-accused persons, namely, Manish Choudhary, Ajay Yadav and Pankaj Chandrakar, have already been granted bail by this Court vide orders dated 11.08.2026, 13.08.2026 and 20.08.2026 passed in MCRC No. 7345 of 2026, MCRC No. 7461 of 2026 and MCRC No. 7733 of 2026, moreover, the fact that the charge-sheet has already been filed before the competent Court, the applicant has been in custody since 01.05.2026, and the conclusion of the trial is likely to take considerable time. Therefore, this Court is of the view that the applicant is entitled to be released on bail on the ground of parity. 7. Let the Bail of the Applicant – Nikhil Vaishnav, involved in Crime No. 42/2026 registered at Police Station – Singhoda, District – Mahasamund (C.G.), for the offence punishable under Sections 316(3), 61, 336(3), 340(2), 316(5), 338, 3(5), 238 and 249 of the Bhartiya Nyaya Sanhita, 2023 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 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 4 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 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 Abhishek