1 2026:CGHC:19615 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2691 of 2026 Jaiprakash Sahu S/o Vishwnath Sahu Aged About 42 Years R/o Village Bhandardipa Tapkara, Tah. Farsabahar, Post And Thana Tapkara, District Jashpur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Thana Tumla, District Jashpur, Chhattisgarh. ... Non-applicant For Applicant : Mr. C. Jayant K. Rao, Advocate For Non-applicant/State : Ms. Vaishali Mahilong, Deputy Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 28.04.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 01/2026 registered at Police Station : Thana Tumla, District Jashpur (C.G.) for the offence punishable under Sections 318(4), 320, 336, 338 and 61 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the applicant, Jaiprakash Sahu, working as Prabandhak (Manager) at the Paddy Procurement Centre, Konpara, Tahsil/District Jashpur, Chhattisgarh, is alleged to have caused a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.04.29 11:13:57 +0530 2 shortage of paddy during physical verification for the season 2024–25. Show-cause notices dated 12.06.2025 (issued to the applicant, Fad Prabhari Shishupal Yadav, and Computer Operator Mitendra Kumar Say) and 05.12.2025 were served for alleged wilful disobedience of Government orders in relation to paddy transportation agreements with the District Marketing Officer, Jashpur, resulting in shortage and financial loss (approximately 20,586.88 MT or its equivalent value as per verification). It is further alleged that the applicant failed to ensure compliance with the said orders, leading to the registration of FIR bearing Crime No. 01/2026 under Sections 318(4), 320, 336, 338, and 61 of the BNS at Police Station Tumla, and the applicant was arrested on 21.01.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is working as Prabandhak (Manager) at the Centre, and the responsibility for the alleged shortage of paddy lies solely with the Fad Prabhari (Shishupal Yadav), as per the agreement executed with the District Marketing Officer, Jashpur. He submits that the applicant received show-cause notices dated 12.06.2025 and 05.10.2025, and duly submitted replies to the said notices on 16.06.2025 and 22.12.2025, respectively. He further submits that the President of the Samiti and the applicant (Manager) issued show-cause notices to the Fad Prabhari, Konpara, on 10.05.2025, 15.07.2025, and 01.09.2025 regarding the shortage, however, no reply was received from him. As per the Paddy Procurement Policy 2024–25, particularly Clause 19.5, the Prabandhak (Manager) is segregated from paddy procurement activities, therefore, holding the applicant liable is illegal and arbitrary. He submits that the present applicant has no criminal antecedents and the applicant has 3 been in jail since 21.01.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that in the present case, the charge- sheet has not submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, moreover, the charge-sheet has already been submitted in the present case before the competent Court which is taken on record, the present applicant has been languishing in jail since 21.01.2026, trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Jaiprakash Sahu, involved in Crime No. 01/2026 registered at Police Station : Thana Tumla, District Jashpur (C.G.) for the offence punishable under Sections 318(4), 320, 336, 338 and 61 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 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 Abhishek