Chattisgarh High Court
Gendlal Sahu vs State Of Chhattisgarh on 12 March, 2026
1
2026:CGHC:11932
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1199 of 2026
Gendlal Sahu S/o Ramavtar Sahu Aged About 44 Years R/o- Village Dabo,
Police Station- Fasterpur Setganga, Tahsil- Mungeli, District Mungeli (C.G.)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station Fasterpur
Setganga District Mungeli (C.G.)
... Non-applicant
For Applicant : Mr. Ratnesh Kumar Agrawal, Advocate.
For Non-applicant/State. : Mr. S.S. Baghel, Govt. Advocate.
Digitally
signed by
ABHISHEK
ABHISHEK
SHRIVAS Hon'ble Mr. Ramesh Sinha, Chief Justice
SHRIVAS Date:
2026.03.13
Order on Board
11:35:07
+0530
12.03.2026
1.This is the first bail application filed 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. 12/2026 registered at Police Station Fasterpur, Setganga, District - Mungeli (C.G.), for the offences punishable under Section 318(4), 316(5) of the Bhartiya Nyay Sanhita (BNS).
2. As per the prosecution story, the applicant was working as the In-charge of the Paddy Purchase Center at Chhatan, and it is alleged that he permitted the miller to transport paddy without attaching a GPS-enabled vehicle and also allowed overloading. As a result, a loss amounting to Rs. 2 85,02,341/- was allegedly caused.
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 permitted the transportation of paddy to the miller in accordance with the delivery order issued by the District Marketing Officer, Mungeli, in the discharge of his official duties. He further submits that the applicant had no authority to check whether the vehicles used by the millers for transportation of paddy were equipped with GPS or not. The applicant had no authority to verify the loading capacity of the vehicles used by the millers for transportation of paddy. He also submits that there is no provision in the Paddy Purchase Policy 2025-2026 mandating that paddy must be transported only through GPS-enabled vehicles or strictly within the prescribed loading capacity. On 17.01.2026, the Nodal Officer of Zila Sahakari Kendriya Bank Maryadit, Mungeli, issued a notice calling for an explanation regarding the alleged facts. The said notice was received by the applicant, and thereafter the applicant requested the concerned authority to provide the enquiry report dated 16.01.2026 and the ICCC alert report for the purpose of submitting his reply. However, the concerned authority failed to provide the said documents and proceeded to arrest the applicant. He submits that the present applicant has no criminal antecedents and he is in jail since 20.01.2026, 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. 3
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 20.01.2026, 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 - Gendlal Sahu, involved in Crime No. 12/2026 registered at Police Station Fasterpur, Setganga, District - Mungeli (C.G.), for the offences punishable under Section 318(4), 316(5) 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 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 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 fixed in such 4 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