Chattisgarh High Court
Jitendra Sahu vs State Of Chhattisgarh on 26 February, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:10044
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1984 of 2026
Jitendra Sahu S/o Kejuram Sahu Aged About 40 Years R/o Village Jhalfa,
Police Station Hirri Mines, District Bilaspur Chhattisgarh
... Applicant
versus
State Of Chhattisgarh Through Police Station Hathband, District -
Balodabazar-Bhatapara, Chhattisgarh
---- Non-applicant
For Applicant : Mr. Manoj Paranjpe, Senior Advocate assisted
by Mr. Aditya Dhar Diwan, Advocate.
For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
26.02.2026
1.The applicant has preferred this First Bail Application under Section Digitally RAJSHEKHAR signed by SONI RAJSHEKHAR 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of SONI regular bail, as he has been arrested in connection with Crime No. 21/2026, registered at Police Station - Hathband, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 316(3), 318(4) and 3(5) of the BNS.
2. The case of the prosecution, is that the FIR of the incident occurred on 17.01.2026 was lodged on 20.01.2026 on the instance of Ashish Keshri, S/o. Late Shri Ramesh Keshari. The F.I.R. was lodged inter alia on the allegations that, the complainant is coal transporter and he was awarded the contract by Sky Steel & Power Limited Kesda for 2 transportation of the Coal from Aamgaon Colliery of SECL to SKY Steel and Power Limited Kesda. On 17.01.2026 two trailers bearing No. CG10R/8811 and CG10AL/9653 were engaged for transportation and 30.810 Tonn and 30.370 Tun of Coal was loaded in the aforesaid two trailers of Jitendra Sahu (applicant herein). The gross calorific value of the coal was 4900 to 5200. When the coal was unloaded at Sky Steel Plant and it was got lab tested, it was found that the Calorific value was found at the lower side i.e. GCV900 to 1200 and due to the said inferior quality of coal the loss of Rs. 2 lacs was caused. The Drivers of trailers namely Laxman Sahu and Anand Sahu were interrogated by the Supervisor of the Company and in the said enquiry, it was informed that, the coal was unloaded at Mohan Depot Bilaspur and inferior quality was uploaded. 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 only one criminal antecedent of the applicant in which he has been acquitted. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 21.01.2026 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 there is only one criminal antecedent of the applicant, the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused all of the 3 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 there is only one criminal antecedent of the applicant in which he has been acquitted, charge-sheet has been filed against the applicant, the applicant is in jail since 21.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application.
7. Let applicant, Jitendra Sahu, involved in Crime No. 21/2026, registered at Police Station - Hathband, District - Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 316(3), 318(4) 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 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 4 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