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Chattisgarh High Court
Vikash Pandey vs State Of Chhattisgarh on 12 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11929
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1277 of 2026
Vikash Pandey S/o Shri Vinay Kumar Pandey Aged About 39 Years R/o
Village Goutiyapara Bhatgaon, Tahsil- Pathariya, District- Mungeli (C.G.)
... Applicant
VAIBHAV
SINGH
versus
Digitally signed
by VAIBHAV
SINGH
Date:
2026.03.12
State Of Chhattisgarh Through Station House Officer Police Station City
17:59:46 +0530
Kotwali Mungeli, District Mungeli (C.G.) ...Non-applicant
For Applicant : Mr. Sourav Agrawal, Advocate
For Non-Applicant/State : Ms. Anusha Naik, Dy. G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
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.
33/2026 registered at Police Station - City Kotwali Mungeli, District
Mungeli (C.G.), for the offences punishable under Sections 318(4),
316(5) & 3(5) of the BNS 2023.
2. The prosecution story, in brief, is that the applicant was working as the
In-charge of Paddy Purchase Center, Nawagaon Ghuthera. It is
alleged that while discharging his duties, the applicant permitted the
miller to transport paddy through vehicles which were not equipped
with GPS devices and also allowed transportation of paddy in
overloaded vehicles in violation of the prescribed norms. Due to such
alleged negligence and unauthorized permission granted by the
applicant, irregular transportation of paddy took place, which resulted
in a financial loss to the Government to the tune of Rs. 1,75,40,076/-.
On the basis of these allegations, a case has been registered against
the applicant and the matter is under investigation.
3. Learned counsel for the applicant submits that the applicant is an
innocent person and has been falsely implicated in this offence. It is
further submitted that the applicant acted only in discharge of his
official duties and had delivered the paddy to the miller for
transportation strictly in accordance with the delivery order issued by
the District Marketing Officer, Mungeli. The applicant had no authority
or responsibility to verify whether the vehicles used for transportation
were equipped with GPS devices or to check the loading capacity of
such vehicles, as these aspects fall within the domain of the millers
and the concerned authorities. It is further submitted that there is no
provision in the Paddy Procurement Policy 2025-2026 mandating that
paddy must be transported only through GPS-enabled vehicles or
strictly within a specified loading capacity, and a copy of the said
policy has been annexed as Annexure A/4. It is also submitted that on
16.01.2026, the Nodal Officer of Zila Sahakari Kendriya Bank
Maryadit, Mungeli issued a notice seeking an explanation regarding
the alleged facts. Upon receipt of the said notice, the applicant
requested the concerned authority to provide the enquiry report dated
16.01.2026 and the ICCC alert report in order to submit an
appropriate reply, however the said documents were not supplied and
instead the applicant was arrested. Copies of the notice dated
16.01.2026 and the request dated 18.01.2026 have been filed
collectively as Annexure A/5. The allegations levelled against the
applicant are baseless and biased, and the essential ingredients of
the alleged offences are absent. The applicant has neither committed
nor been involved in the alleged offence and has been in judicial
custody since 20.01.2026., therefore he prays for grant of bail to the
applicant.
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 filed in the present case.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the overall facts and circumstances of the case, the
nature and gravity of the allegations levelled against the applicant,
and further taking into account that the charge-sheet has already been
filed before the competent Court and that the applicant has remained
in judicial custody since 20.01.2026, and as the conclusion of the trial
is likely to take some time, this Court is inclined to grant regular bail to
the present applicant.
7. Let the Applicant - Vikash Pandey, involved in Crime No. 33/2026
registered at Police Station - City Kotwali Mungeli, District Mungeli
(C.G.), for the offences punishable under Sections 318(4), 316(5) &
3(5) of the BNS 2023, be released on bail on his furnishing 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 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 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
Vaibhav
