1 2026:CGHC:18390 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3638 of 2026 Govind Prasad Behra S/o Sitaram Behra, Aged About 36 Years R/o Village Padauli, P.S. Dhaurpur, District- Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O., Police Station Lundra, District- Surguja (C.G.) ... Non-applicant For Applicant : Mr. Siddharth Pandey, Advocate. For Non-applicant/State. : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.04.2026 1. This is the 昀椀rst bail application 昀椀led 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. 14/2026 registered at Police Station Lundra, District - Surguja (C.G.), for the o昀昀ences punishable under Sections 316(5), 61(2) and 238 of the Bhartiya Nyay Sanhita (BNS). 2. As per the prosecution’s story, on 18.01.2026, a written complaint was lodged by the complainant, namely M.B. Kamthe, Food Inspector, Collectorate Ambikapur, at Police Station Lundra. On the basis of the said complaint, a joint physical veri昀椀cation of the paddy stock at Aadim ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.23 11:35:36 +0530 2 Jati Sewa Sahkari Samiti Maryadit, Kundikala, was carried out by the District Food O昀케cer, District Marketing O昀케cer, and the Nodal O昀케cer of the State Warehouse, in the presence of the Society Manager, Dilip Yadav, and other sta昀昀 members. During the said veri昀椀cation, it was found that, against the recorded stock of 84,535 sacks (33,838 quintals) of paddy as per the online procurement records for the Kharif Marketing Year 2025–26, only 82,374 sacks (32,949.60 quintals) were physically available in 10 stacks, thereby revealing a shortage of 2,221 sacks (888.40 quintals) of paddy, resulting in a 昀椀nancial loss of approximately Rs. 21,04,619/-. On the basis of the aforesaid report, an FIR bearing Crime No. 14/2026 was registered against the present applicant and the co-accused, namely Dilip Yadav, for the o昀昀ences punishable under Sections 316(5) read with 3(5) of the BNS. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the foresaid case. He submits that the applicant has been in judicial custody since 19.02.2026. The charge sheet has already been 昀椀led on 27.03.2026. Further, the conclusion of the trial is likely to take a considerable amount of time, as there are 26 prosecution witnesses to be examined. He submits that the applicant herein was posted as a Computer Operator in Aadim Jati Sewa Sahkari Samiti Maryadit, Kundikala, and he had no knowledge about any shortage of paddy, if at all. His duties were limited to obeying the orders of his superior o昀케cers and making entries regarding the purchase of paddy from farmers and its delivery to the concerned rice millers. He also submits that no o昀昀ence of cheating, criminal conspiracy, or causing disappearance of evidence of an o昀昀ence is made out against the present applicant. He submits that as per the paddy procurement policy issued by the Government of Chhattisgarh for 3 the Kharif Marketing Year 2025–26, the last date for counting and matching of paddy is 30.04.2026. However, prior to the said date, the authorities conducted the counting and submitted a contradictory and false report, thereby wrongly implicating the present applicant in the alleged o昀昀ence. He submits that the present applicant has no criminal antecedents and he is in jail since 19.02.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 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 and the fact that the present applicant has no criminal antecedents, furthermore, the charge-sheet has already been submitted before the competent Court in the present case and the applicant has been languishing in jail since 19.02.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Govind Prasad Behra, involved in Crime No. 14/2026 registered at Police Station Lundra, District - Surguja (C.G.), for the o昀昀ences punishable under Sections 316(5), 61(2) and 238 of the Bhartiya Nyay Sanhita (BNS), 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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient cause, the trial court may proceed against his 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 昀椀xed 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 昀椀xed 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 su昀케cient 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昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek