Citation : 2026 Latest Caselaw 644 Chatt
Judgement Date : 17 March, 2026
1
2026:CGHC:12669
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2479 of 2026
Khilesh Kant Sahu S/o Santram Sahu Aged About 33 Years R/o Ward No.15
Nawadih P.S. Rajim District- Gariyaband (C.G.)
... Applicant
versus
State Of Chhattisgarh Through - S.H.O. Police Station - Baikunthpur, District
- Koriya, C.G.
---- Non-applicant
For Applicant : Mr. Rajeev Dubey, Advocate.
For Non-applicant/State : Mr. Vaishali Mahilong, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
17.03.2026
1.
The applicant has preferred this First Bail Application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
Digitally RAJSHEKHAR signed by regular bail, as he has been arrested in connection with Crime No. SONI RAJSHEKHAR SONI
312/2025, registered at Police Station - Baikunthpur, District - Koriya
(C.G.) for the offence punishable under Sections 420, 409, 467, 468
and 471 of the IPC.
2. The case of the prosecution, is that in the year 2020 Bandhan Bank,
Branch Baikunthpur has approved loan amount of Rs. 34,00,000/- to
complainant and 65-70 women of Shanti Mahila Self-help group buyt
the sanction loan amount has not been disbursed to them, against the
applicant, it is alleged that during the said period he was posted as
Branch Manager and along with other co-accused with conspiracy the
sanctioned loan amount has been withdrawn by them and thereby
cheated to them, upon the complaint of the complainant, the crime was
registered and the applicant was arrested by the Police. 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. It is further
submitted that the charge-sheet has been filed in this case, and the co-
accused persons have already been granted bail by this Court vide
order dated 28.02.2026 passed in MCRC Nos. 1585/2026 and
1805/2026. The applicant is in jail since 27.10.2025 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 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 the co-accused persons have already been granted bail by
this Court vide order dated 28.02.2026 passed in MCRC Nos.
1585/2026 and 1805/2026, charge-sheet has been filed against the
applicant, the applicant is in jail since 27.10.2025 and conclusion of the
trial is likely to take some time, I am inclined to allow this application.
7. Let applicant, Khilesh Kant Sahu, involved in Crime No. 312/2025,
registered at Police Station - Baikunthpur, District - Koriya (C.G.) for
the offence punishable under Sections 420, 409, 467, 468 and 471 of
the IPC, 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
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