Chattisgarh High Court
Santosh Kumar Sahu vs State Of Chhattisgarh on 23 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by
GOURI MUDALIAR
2026:CGHC:13789
Date: 2026.03.24
16:43:24 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2730 of 2026
1 - Santosh Kumar Sahu S/o Baldau Ram Sahu Aged About 47 Years
R/o Village Fandwani, Tahsil And Police Station Mungeli, Dist. Mungeli
(C.G.)
2 - Shridhar Parihar S/o Hitkishore Singh Parihar Aged About 46 Years
R/o Amlidih Jhagarhatta Police Station City Kotwali Mungeli, Tahsil
Mungeli, (C.G.)
... Applicants
versus
State Of Chhattisgarh Though Police Station, City Kotwali Mungeli, Dist.
Mungeli (C.G.)
... Respondent
For Applicants : Ms. Indrapreet Kaur Chhabra & Shri Navneet Singh Gumber, Advocates.
For : Ms. Vaishali Mahilong, Dy.G.A.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
23/03/2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for 2 grant of regular bail to the applicants who have been arrested in connection with Crime No.38/2026 registered at Police Station City Kotwali Mungeli, Dist. Mungeli (C.G.) for the offence punishable under Sections 318(4), 316(5), 3(5) of Bharatiya Nyaya Sanhita.
2. Case of the prosecution, in brief, is that the applicants were working in Paddy Purchase Centre, Jhagarhatta. Applicant No. 1 was working as paddy procurement officer and Applicant No. 2 was working as computer operator in the same centre. It is alleged that applicants have created chaos by defrauding the government paddy. It is alleged that the applicant permitted the miller to transport paddy without using a GPS- enabled vehicle and also allowed overloading as a result of which a loss of Rs. 70,122.
3. Learned counsel for the applicants submits that the applicant no.
1 & 2 are working as head of purchasing department and as computer operator respectively in the Paddy Purchase Centre, Jhagarfatta and the applicants have no authority to check whether the vehicles used by the millers for transportation of paddy, were equipped with GPS or not. She would submit that the applicants have permitted the transportation to the miller in accordance with the delivery order issued by the District Marketing Officer, Mungeli in the discharge of his official duties. She would submit that the applicant no. 1 & 2 have been implicated in another case regarding same Society under crime no. 34/2026 and they have 3 been released by High Court in MCRC No.1248/2026 on 12/03/2026 and MCRC No.1323/2026 on 12/03/2026 respectively. She would submit that the main co-accused in crime no. 34/2026 has been granted anticipatory bail by High Court in MCRCA No.234/2026 and other co-accused in the same crime no. has been released in MCRC 1901/2026. She would submit that the applicants are in jail since 17/02/2026 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicants.
4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has not been filed in this case but she do not dispute the fact that the applicants have been granted bail by this Court in another crime number.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants, further considering the fact that applicants have been implicated in another case regarding same Society under crime no.34/2026 and in the said crime number applicant No.1 Santosh Kumar Sahu has been granted bail by this Court in MCRC No.1248/2026 on 12/03/2026 and applicant No.2 Shridhar Parihar has also been granted bail by this Court in MCRC No.1323/2026 on 12/03/2026, period of detention of the applicants since 17/02/2026 and also 4 considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicants are entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the Applicants- Santosh Kumar Sahu & Shridhar Parihar, involved in Crime No.38/2026 registered at Police Station City Kotwali Mungeli, Dist. Mungeli (C.G.) for the offence punishable under Sections 318(4), 316(5), 3(5) of Bharatiya Nyaya Sanhita, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation 5 under Section 84 of BNSS. is issued and the applicants 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 applicants 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 applicants 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 them in accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE gouri