Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:6321
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1237 of 2026 Mukesh Yadav S/o Shri Subhash Yadav, Aged About 29 Years R/o Village Parsapali, Police Station And Block Pusaur, District Raigarh (C.G.)
... Applicant versus State of Chhattisgarh Through The Station House O/cer, Police Station- Gharghoda, District Raigarh (C.G.)
... Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Non-Applicant/State : Mr. S.S. Baghel, Govt. Advocate Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 04.02.2026
1. This is the 5rst bail application 5led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 89/2025 registered at Police Station- Gharghoda, District Raigarh, (C.G.) for the o=ence punishable under Sections 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. Case of the prosecution, in brief, is that on 17.04.2025 the Branch Manager of Apex Bank lodged a complaint at Police Station RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 Gharghoda, District Raigarh (C.G.), alleging that as per the paddy procurement report dated 25.02.2025, a shortage of 7,159.60 quintals of paddy, valued at Rs. 2,21,94,760/-, was detected during physical veri5cation, and further discrepancies were found with respect to 4,108 pieces of bardana, 426 pieces of millers’ bardana and 426 pieces of PDS bardana, collectively amounting to Rs. 5,70,500/-, at the paddy procurement centre, Tenda Nawapara, thereby causing 5nancial loss to the Government. On the basis of the said complaint, Police Station Gharghoda, District Raigarh registered First Information Report bearing Crime No. 0089/2025 dated 17.04.2025 against three accused persons, namely Manoj Kumar Gupta, Mukesh Yadav and Dilip Rathia, for o=ences punishable under Sections 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Hence, the present bail application has been 5led.
3.
Learned counsel for the applicant submits that the applicant has not committed any o=ence and he has been falsely implicated in o=ence in question. He further submits that the present applicant is working as a Computer Operator and he was not involved in the alleged crime. He further submits that similarly situated co-accused persons, namely, Dilip Rathiya and Monoj Gupta have already been granted bail by this Court vide orders dated 19.01.2026 and 27.01.2026 in MCRC Nos. 10525/2025 and 350/2026 respectively. He also submits that the applicant has no criminal antecedents, and he is in jail since 09.10.2025, the charge-sheet has been 5led and the trial is likely to take some time for its conclusion. Therefore, he
3 prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been 5led before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of o=ence, period of detention of the applicant since 09.10.2025, the fact that though the present applicant and other co-accused were committed that said crime, but other co- accused persons, namely, Dilip Rathiya and Monoj Gupta have already been granted bail by this Court vide orders dated 19.01.2026 and 27.01.2026 in MCRC Nos. 10525/2025 and 350/2026 respectively, and the case of present applicant is identical to that of the co-accused person, further the applicant has no criminal antecedents, the charge-sheet has been 5led in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application of the applicant is allowed.
Let the Applicant – Mukesh Yadav, involved in Crime No. 89/2025 registered at Police Station- Gharghoda, District Raigarh, (C.G.) for the o=ence punishable under Sections 316(5), 318(4) and 3(5) of
4 the Bharatiya Nyaya Sanhita, 2023, 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 5le an undertaking to the e=ect that he shall not seek any adjournment on the dates 5xed 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 5xed, either personally or through his counsel. In case of his absence, without su/cient 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 5xed 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 5xed for (i) opening of the case, (ii) framing of charge and (iii) recording of
5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su/cient 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.
O/ce is directed to provide a certi5ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha)
Chief Justice Rahul Dewangan