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Chattisgarh High Court
Santosh Kumar Sahu vs State Of Chhattisgarh on 23 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by
GOURI MUDALIAR
2026:CGHC:13789
Date: 2026.03.24
16:43:24 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2730 of 2026
1 - Santosh Kumar Sahu S/o Baldau Ram Sahu Aged About 47 Years
R/o Village Fandwani, Tahsil And Police Station Mungeli, Dist. Mungeli
(C.G.)
2 - Shridhar Parihar S/o Hitkishore Singh Parihar Aged About 46 Years
R/o Amlidih Jhagarhatta Police Station City Kotwali Mungeli, Tahsil
Mungeli, (C.G.)
... Applicants
versus
State Of Chhattisgarh Though Police Station, City Kotwali Mungeli, Dist.
Mungeli (C.G.)
... Respondent
For Applicants : Ms. Indrapreet Kaur Chhabra & Shri Navneet
Singh Gumber, Advocates.
For : Ms. Vaishali Mahilong, Dy.G.A.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
23/03/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for
grant of regular bail to the applicants who have been arrested in
connection with Crime No.38/2026 registered at Police Station
City Kotwali Mungeli, Dist. Mungeli (C.G.) for the offence
punishable under Sections 318(4), 316(5), 3(5) of Bharatiya
Nyaya Sanhita.
2. Case of the prosecution, in brief, is that the applicants were
working in Paddy Purchase Centre, Jhagarhatta. Applicant No. 1
was working as paddy procurement officer and Applicant No. 2
was working as computer operator in the same centre. It is
alleged that applicants have created chaos by defrauding the
government paddy. It is alleged that the applicant permitted the
miller to transport paddy without using a GPS- enabled vehicle
and also allowed overloading as a result of which a loss of Rs.
70,122.
3. Learned counsel for the applicants submits that the applicant no.
1 & 2 are working as head of purchasing department and as
computer operator respectively in the Paddy Purchase Centre,
Jhagarfatta and the applicants have no authority to check whether
the vehicles used by the millers for transportation of paddy, were
equipped with GPS or not. She would submit that the applicants
have permitted the transportation to the miller in accordance with
the delivery order issued by the District Marketing Officer, Mungeli
in the discharge of his official duties. She would submit that the
applicant no. 1 & 2 have been implicated in another case
regarding same Society under crime no. 34/2026 and they have
been released by High Court in MCRC No.1248/2026 on
12/03/2026 and MCRC No.1323/2026 on 12/03/2026 respectively.
She would submit that the main co-accused in crime no. 34/2026
has been granted anticipatory bail by High Court in MCRCA
No.234/2026 and other co-accused in the same crime no. has
been released in MCRC 1901/2026. She would submit that the
applicants are in jail since 17/02/2026 and conclusion of trial will
take some time, therefore, she prays for grant of bail to the
applicants.
4. On the other hand, learned State Counsel opposes the bail
application and she would submit that charge sheet has not been
filed in this case but she do not dispute the fact that the applicants
have been granted bail by this Court in another crime number.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
6. Taking into consideration the facts and circumstances of the case,
nature of allegation levelled against the applicants, further
considering the fact that applicants have been implicated in
another case regarding same Society under crime no.34/2026
and in the said crime number applicant No.1 Santosh Kumar
Sahu has been granted bail by this Court in MCRC No.1248/2026
on 12/03/2026 and applicant No.2 Shridhar Parihar has also been
granted bail by this Court in MCRC No.1323/2026 on 12/03/2026,
period of detention of the applicants since 17/02/2026 and also
considering the fact that trial is likely to take some time for its
conclusion, therefore this Court is of the view that the applicants
are entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that
the Applicants- Santosh Kumar Sahu & Shridhar Parihar,
involved in Crime No.38/2026 registered at Police Station City
Kotwali Mungeli, Dist. Mungeli (C.G.) for the offence punishable
under Sections 318(4), 316(5), 3(5) of Bharatiya Nyaya Sanhita,
be released on bail on each of them furnishing a personal bond
with two sureties in the like sum to the satisfaction of the Court
concerned with the following conditions:-
(i) The applicants shall file an undertaking to the effect that
they 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 applicants shall remain present before the trial court
on each date fixed, either personally or through their
counsel. In case of their absence, without sufficient cause,
the trial court may proceed against them under Section 269
of Bharatiya Nyaya Sanhita.
(iii) In case, the applicants misuses the liberty of bail during
trial and in order to secure their 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 applicants 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 applicants 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 them
in accordance with law.
8. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
