1 2026:CGHC:20433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4016 of 2026 Ramesh Kumar Sahu S/o. Panchram Sahu Aged About 40 Years R/o. Village Nawagaon (Machkhanda) Seepat, P.S. Seepat, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S.- Seepat, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Sourabh Gupta, and Mr. Rahul Singh Thakur, Advocates. For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 200/2026, registered at Police Station – Seepat, District – Bilaspur (C.G.) for the offence punishable under Sections 316(5) and 3(5) of the BNS. 2. The case of the prosecution, is that in compliance of memo dated 03/04/2026 issued by office of Collector (Food), District Bilaspur, a written report lodged by Branch Manager, District Cooperative Central Bank, Branch Seepat on 07/04/2026 alleging that a team was constituted and on 30/03/2026 physical inspection was carried out at Paddy Procurement Center, Seepat, (Seva Sahkari Samiti Maryadit, Seepat) Registration No.26, in which shortage of 420.39 quintal of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 paddy and shortage of 5045 old gunny bag found, as such the accused persons committed embezzlement of Rs. 14,66,000/- and the shortage so found is in violation of direction issued for purchase of Kharif paddy for the year 2025-26 and named FIR registered against five accused persons including applicant who is a Computer Operator. The other four accused persons are in-charge Branch Manager/Amit Verma, authorized officer President/Smt. Tulsi Devi Kaushik, in-charge Paddy Purchase/Prabhakar Vaishnav and in-charge Gunny Bag/Jagannath Kaushik. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has not been filed in this case and the co-accused persons have been granted regular bail and anticipatory bail by this Court vide orders dated 28.04.2026 and 28.04.2026 passed in MCRC No.3853/2026 and in MCRCA No.626/2026. The applicant is in jail since 08.04.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has not been filed in this case, and the applicant is not entitled for grant of bail, but he could not dispute the fact that the co-accused persons have been granted regular and anticipatory bail by this Court, and the case of the applicant is identical to that of the co-accused persons. 3 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, nature and gravity of allegation levelled against the applicant and the fact that though the charge-sheet has not been filed in this case but the co-accused persons have been granted regular bail and anticipatory bail by this Court vide orders dated 28.04.2026 and 28.04.2026 passed in MCRC No.3853/2026 and in MCRCA No.626/2026, the applicant is in jail since 08.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 7. Let applicant, Ramesh Kumar Sahu, involved in Crime No. 200/2026, registered at Police Station – Seepat, District – Bilaspur (C.G.) for the offence punishable under Sections 316(5) and 3(5) of the BNS, 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 4 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 Rajshekhar