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2026 DAILYLAW 38754 (CHH)

NEMICHAND SAHU v. STATE OF CHHATTISGARH

MCRC/8854/2026 · 2026-10-05

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010363072026 2026:CGHC:43218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8854 of 2026 * - Nemichand Sahu S/o Hiraman Sahu Aged About 29 Years R/o Changorabhatha, Thana D D Nagar District Raipur, C.G. ... Applicant Versus * - State Of Chhattisgarh Through Police Station D D Nagar District Raipur, C.G. ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 06/10/2026 1. The applicant has preferred this first bail application under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 as he is in jail since 21.06.2026 in connection with Crime No. 385/2026 registered in Police Station – DD Nagar, Raipur, District Raipur (CG) for commission of offence punishable under Section 306 & 3(5) of BNS. 2. As per case of prosecution, the present applicant, who was working in Auto-Parts Shop under the complainant, committed theft in respect of property of his master. It is alleged that the applicant was sent to collect money from one Jitendra Chakradhari Rs.12-15,000/-, but failed to deposit with the owner of the shop and thus, the applicant committed offence as stated above. Digitally signed by RAMESH KUMAR VATTI Date: 2026.10.07 11:17:43 +0530 2 3. Learned counsel appearing for the applicant would submit that the applicant is innocent person and has falsely been implicated in the case. He would contend that charge-sheet has already been filed, the applicant is in jail since 21.06.2026 and he has no criminal antecedent. Thus, he would pray for grant of bail. 4. On the other hand, the learned State counsel would oppose the bail application of present applicant. She would submit that the applicant has committed theft of property in possession of his master, therefore, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the fact that the applicant was collection agent of shop of his master and there is allegation that he failed to deposit a sum of Rs.12-15,000/-, which was collected by him; further the charge- sheet has already been filed, the applicant is in jail from 21.06.2026 and he has no criminal antecedent, therefore, without commending anything on the merits of the case, I am inclined to grant regular bail to the present applicant. Accordingly, the instant bail application of the applicant is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- I. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court; 3 II. He shall not act in any manner which will be prejudicial to a fair and expeditious trial; III. He shall appear before the trial Court on each and every date given to him by the said Court till the disposal of the trial; and, IV. He shall not involve himself in any offence of a similar nature in future. 8. The observation made in the course of this order is only for considering the case of the applicant on the application for the grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order. 9. Certified copy as per rules. Sd/- (Rakesh Mohan Pandey) Judge vatti