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Chattisgarh High Court
Bimal Kumar Mishra vs State Of Chhattisgarh on 27 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:14473
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2843 of 2026
Bimal Kumar Mishra S/o Nikhilesh Mishra Aged About 32 Years R/o
Vasudevpur, Police Station Vasudevpur, District Munger (Bihar), At Present
Magnato Mal, Police Station Civil Line, District Bilaspur (C.G.) (Description
Mentioned As Per Memo Of High Court Legal Aid Services)
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer, Police Of Police
Station Civil Line, District Bilaspur (C.G.)
... Non-applicant
For Applicant : None.
For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Digitally
signed by
PREETI
PREETI
KUMARI
Hon'ble Shri Ramesh Sinha, Chief Justice
KUMARI Date:
2026.03.27
14:10:26
Order on Board
+0530
27.03.2026
1.
None appears on behalf of the applicant from the Legal Aid when the
matter is called out. However, with the assistance of the learned State
counsel, this Court proceeds to hear and decide the present bail
application.
2. The applicant has preferred this First Bail Application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail,
as he has been arrested in connection with Crime No. 349/2025,
registered at Police Station - Civil Line, District - Bilaspur, (C.G.) for the
offence punishable under Sections 316(4) of Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, in brief, the complainant, Purushottam Lal
Sahu, is working as a Manager at the Head Office of Chhattisgarh
Apparels Company and was duly authorized to lodge the FIR in
connection with the incident. He was authorized through a letter issued by
Rahul Singh Induriya. The company's store at Bilaspur has been
operational since 25 December 2020, following the execution of an
agreement. Bimal Mishra, son of Nikhilesh Mishra, had been working as a
salesman at the Nike store in Raipur since 15 July 2025. In September
2023, he was promoted to the position of Store Manager and transferred
to the Nike store located at Rama Magneto Mall in Bilaspur. Previously,
the said store was managed by a person named Vijendra. When he left
the job, an audit was conducted at that time and no discrepancies were
found. Subsequently, the management decided to conduct audits of all
stores located at Raipur, Bhilai, and Bilaspur. The audit work was
assigned to CA V.D. Baghel from Raipur and commenced on 12-02-2025.
As soon as the Bilaspur Store Manager, Bimal Mishra, came to know
about the audit, he stopped coming to the store from that date. This
information was received from Nikshan Bhardwaj, who was working as a
salesman at the store. On 14-02-2025, the audit of the Nike store situated
at Rama Magneto Mall, Bilaspur, was completed by CA Baghel. During
the audit, discrepancies amounting to approximately Rs. 9,81,505/- were
revealed. Goods worth Rs. 9,81,505/- were found missing from the store,
and no information regarding their sale was available. On 14-02-2025,
one day prior to the completion of the audit, Bimal Mishra absented
himself from work on the pretext of illness and became untraceable.
Attempts to contact him on his mobile phone were unsuccessful. On the
basis of the complainant's report, a criminal case was registered. During
the investigation, based on information received from an informant, the
applicant/accused was found to be involved in the incident. He was
arrested, and a charge sheet was filed before the concerned Court.
4. It has been pleaded in the bail application that the applicant is innocent
and has been falsely implicated in this case. The alleged incident is on
12.02.2025 and FIR has been registered on 01.04.2025, which means
that the FIR has been registered about two months delay and also the
applicant has been arrested on 15.09.2025 and trial is likely to take quite
long time for its conclusion, therefore, he prays for grant of bail.
5. The learned State counsel opposes the bail application of the applicant
and submits that the charge-sheet has been filed in the present case.
6. I have heard learned counsel for the parties and perused all of the
documents available on record.
7. Taking into consideration the facts and circumstances of the case, the
nature and gravity of the allegations levelled against the applicant, the
period of incarceration since 15.09.2025, and the applicant has no
previous criminal antecedents, the fact that the charge-sheet has already
been filed, and that the conclusion of trial is likely to take a considerable
period of time, this Court is of the considered view that the applicant is
entitled to be released on regular bail in the present case.
8. Accordingly, the bail application is allowed. Let applicant -Bimal Kumar
Mishra, respectively involved in Crime No. 349/2025, registered at Police
Station - Civil Line, District - Bilaspur, (C.G.) for the offence punishable
under Sections 316(4) of Bharatiya Nyaya Sanhit, 2023, be released on
bail on his furnishing a personal bond with two local 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 she 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 her
counsel. In case of her absence, without sufficient
cause, the trial court may proceed against her under
Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure her presence,
proclamation 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 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 her 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
Preeti
