1 2026:CGHC:4791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9817 of 2025 1 - Akhilesh Sahu S/o Kanha Ram Sahu Aged About 50 Years R/o Village- Bana, Police Station- Urla, District- Raipur (C.G.) 2 - Maniram Sahu S/o Late Jethuram Sahu Aged About 55 Years R/o Village- Guma, Police Station- Urla, District- Raipur (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station- Urla, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Harishankar Patel, Advocate For State : Ms. Anusha Naik, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.422/2025, registered at Police Station – Urla, District – Raipur (C.G.) for the offence punishable under Sections 409, 420, 34 of Indian Penal Code and Section 3/7 of Essential Commodities Act. 2. The case of the prosecution, is that complainant Shraddha Chauhan VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.29 18:24:50 +0530 2 posted as Food Inspector, Dharsiwa, lodged report at Police Station, Urla, alleging therein that from 01.05.2016 to 28.02.2022, the Fair Price Shop of Village Guma, Kara, Tendua was allotted to the society namely Prathmik Krishi Sakh Samiti, Guma and while running the said shops, the food grains have been misappropriated and thereby 836.99 quintal rice, 33.95 quintal salt, 27.34 quintal sugar, 347.9 quintal wheat and 429 liters kerosene have been misappropriated, which amounting to Rs. 46,88,614.99. On the basis of aforesaid report, the offences U/s 409, 420, 34 of IPC and Section 3/7 of EC Act have been registered against the applicants and one Kaushal Sahu, hence, this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is one criminal antecedents registered against the applicants bearing crime No.37 of 2025 registered at Police Station Kurud for the offence under Sections 306/34 of IPC, which is pending for it’s conclusion and the charge-sheet has been filed in this case. The applicant is in jail since 29.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicants, which is pending and the charge-sheet has been filed in this case. 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, 3 nature and gravity of allegation levelled against the applicant and the fact that there is only one criminal antecedents registered against the present applicants, charge-sheet has been filed against the applicant, the applicant is in jail since 29.10.2025 and conclusion of the trial is likely to take some time, considering the detention period of the present applicants I am inclined to allow this application of the applicants. 7. Let applicants, Akhilesh Sahu and Maniram Sahu involved in Crime No..422/2025, registered at Police Station – Urla, District – Raipur (C.G.) for the offence punishable under Sections 409, 420, 34 of Indian Penal Code and Section 3/7 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 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 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 4 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 vaishali