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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
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
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
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
