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2026 DAILYLAW 34473 (CHH)

PRAKASH HINDUJA @ PIKKU v. STATE OF CHHATTISGARH

MCRC/8084/2026 · 2026-08-31

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Judgment text

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1 CGHC010322772026 2026:CGHC:38641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8084 of 2026 1 - Prakash Hinduja @ Pikku S/o Relumal Hinduja Aged About 51 Years Resident Of Kumharpara Bilha, District Bilaspur Chhattisgarh At Present Address- Mangla, P.S. Civil Line Bilaspur Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Sirgitti, District Bilaspur (C.G.) ... Non-applicant For Applicant : Ms. Prachi Singh, Advocate. For State/Non-applicant : Shri Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 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. NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.09.01 17:38:26 +0530 2 520/2026 registered at Police Station – Sirgitti, District Bilaspur (C.G.) for the offence under Sections 316(4) of B.N.S. 2. The case of the prosecution, in brief, is that the complainant Jeevat Ram Rohra runs a BGR Cold Storage at Silpahari, where animal feed has been manufactured since November, 2025. The applicant had appointed co-accused Prakash Hinduja as Manager for supervising the production, purchase and sale of animal feed and for collecting payments from traders. On 15.07.2026, upon verification of the accounts, an amount of Rs.8,71,556/- was found outstanding for collection from the traders. On being questioned, the traders allegedly informed that the said amount had already been paid to Prakash Hinduja. It is alleged that, on being confronted, Prakash Hinduja admitted having misappropriated the said amount. Consequently, the report was lodged and Crime No.520/2026 was registered at Police Station Sirgitti, District Bilaspur, for the offence punishable under Section 316(4) of the Bharatiya Nyaya Sanhita, 2023. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case as he has no direct involvement. It is further submitted that the applicant has one criminal antecedent and the charge-sheet has already been filed in this case. The applicant is in jail since 16.07.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the allegation relates to misappropriation of a substantial amount of Rs.8,71,556/- and, considering the nature and gravity of the offence as well as the criminal antecedent of the 3 applicant, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 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 no direct involvement in the present case and the charge-sheet has been filed in this case, the applicant is in jail since 16.07.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Prakash Hinduja @ Pikku, involved in Crime No.520/2026, registered at Police Station – Sirgitti, District Bilaspur (C.G.) for the offence under Sections 316(4) of B.N.S. 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 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under 4 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 Nikita