Citation : 2026 Latest Caselaw 1005 Chatt
Judgement Date : 25 March, 2026
1
2026:CGHC:14372
NAFR
KUNAL
DEWANGAN
Digitally
HIGH COURT OF CHHATTISGARH AT BILASPUR
signed by
KUNAL
DEWANGAN
MCRC No. 2796 of 2026
Neeraj Kumar Sahu S/o Lochan Prasad Sahu Aged About 28 Years R/o
Village- Badgadi Thana - Bamhnidih District- Janjgir-Champa (C.G.)
... Applicant(s)
versus
State of Chhattisgarh Through- P.S. Bamhnidih District- Janjgir-Champa
(C.G.)
... Non-applicant(s)
For Applicant : Mr. Vikas Kumar Pandey, Advocate
For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
25.03.2026
1.
The applicant has preferred this First Bail Application under Section
483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
100/2025, registered at Police Station : Bamhnidih District- Janjgir-
Champa (C.G.) for the offence punishable under Sections 316(4),
316(5), 61(2) of B.N.S.
2. As per the prosecution story, in brief, the complainant namely Gagan
Jaipuriya, who is the owner of a petrol pump, lodged a written report
against the accused persons stating that the Manager of the petrol
pump, present applicant- Niraj Sahu, in connivance with his father and
his brother, embezzled an amount of ₹65,00,000/- during the period
from 26.01.2025 to 23.09.2025, which came to light during verification
of the petrol pump accounts. Thereafter, the police registered the
case, conducted investigation, and arrested the present applicant
along with other co-accused persons.
3. Learned counsel for the applicant submits that the applicant is an
innocent person and has been falsely implicated in the present case.
He further submits that he is working as Manager of the petrol pump
and he used to hand over the entire amount to the owner at the end of
every month in the ordinary course of business that no amount has
been misappropriated by the present applicant and he has been
falsely roped in. He further submits that the complainant is an
influential political person and under his pressure, the police has
falsely implicated the present applicant as well as his father and
brother, namely Dhiraj Sahu that the matter is not sensitive in nature,
however, the FIR is not reflecting on the portal and the investigation
has already been completed and charge-sheet has been filed before
the learned competent Court and similarly situated co-accused person
has already been granted bail by this Court vide order dated
19.01.2026 passed in M.Cr.C. No. 635/2026 (Annexure A/3) and the
brother of the present applicant has also been granted bail by the
learned trial Court and the applicant is in custody since 06.11.2025
and the conclusion of the trial is likely to take some time, therefore he
prays for grant of bail.
4. On the other hand, learned State counsel opposes the prayer for grant
of bail and submits that the present applicant is the Manager of the
petrol pump and is directly involved in embezzlement of a huge
amount of ₹65,00,000/-, and looking to the nature and gravity of the
offence, no case for grant of bail is made out. It is further submitted
that sufficient material is available on record against the applicant and
therefore, his bail application deserves to be rejected.
5. I have heard learned counsel for the parties and perused the case-
diary.
6. Considering the facts and circumstances of the case, nature of
allegations, period of detention of the applicant since 06.11.2025 and
the fact that the investigation has been completed and charge-sheet
has been filed before the competent Court and further the fact that the
co-accused, who is a father of the present applicant has been granted
bail by this Court in M.Cr.C. No. 635/2026 and the brother has been
granted bail by the learned trial Court, thus this Court is of the view
that the present applicant is entitled to be released on bail.
7. Accordingly, the bail application of the applicant is allowed.
8. Let applicant, Neeraj Kumar Sahu, involved in Crime No. 100/2025,
registered at Police Station : Bamhnidih District- Janjgir-Champa
(C.G.) for the offence punishable under Sections 316(4), 316(5), 61(2)
of B.N.S. 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 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.
9. 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 Kunal
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