NIKHIL VAISHNAV vs STATE OF CHHATTISGARH

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CGHC010321922026 2026:CGHC:38352
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8001 of 2026
Nikhil Vaishnav S/o Toran Vaishnav Aged About 41 Years R/o Near Railway
Station Upar Para Ward 10 Abhanpur P.S. Abhanpur District Raipur (C.G.)
(Correct Address)
... Applicant
versus
State of Chhattisgarh Through Police Station Singhoda, District - Mahasamund,
(C.G.)
... Non-applicant
For Applicant : Mr. Akash Kumar Kundu, Advocate.
For Non-Applicant/State : Mr. Sumit Singh, Dy. Adv. General.
Digitally
signed by
ABHISHEK
SHRIVAS
Date:
2026.09.01
11:12:24
+0530
Hon'ble Mr. Ramesh Sinha, Chief Justice
ABHISHEK
SHRIVAS
Order on Board
31.08.2026
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. 42/2026 registered
at Police Station – Singhoda, District – Mahasamund (C.G.), for the
offence punishable under Sections 316(3), 61, 336(3), 340(2), 316(5),
338, 3(5), 238 and 249 of the Bhartiya Nyaya Sanhita, 2023 and
Sections 3 and 7 of the Essential Commodities Act.
2. As per the prosecution case, in brief, is that the FIR relating to the
incident dated 30.03.2026 was lodged with a delay of 29 days, i.e., on

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29.04.2026, at the instance of the Head Constable, Police Station
Singhoda, District Mahasamund. Earlier, Crime No. 96/2025 had been
registered for offences punishable under Sections 305(e), 287, 3(5), 221
and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 and 7
of the Essential Commodities Act, wherein the present applicant was not
implicated. During the course of investigation, six LPG cylinders were
seized in December, 2025. Considering the summer season and the lack
of adequate facilities for the safe storage of the seized cylinders, the
Collector directed the Food Department to ensure their safe custody.
Accordingly, on 30.03.2026, the six cylinders were handed over on
supurdnama by the concerned officials of the Food Department to Thakur
Petro Chemicals. It is alleged that the cylinders contained LPG worth
approximately Rs. 77 lakhs and that the said establishment dishonestly
misappropriated and sold the LPG, thereby committing offences of
criminal breach of trust and cheating. The present applicant is alleged to
have been working as a manager and, in conspiracy with the owner of
the establishment, to have misappropriated the LPG contained in the
said cylinders. Hence, the FIR was lodged.
3. Learned counsel for the applicant submits that the present applicant is an
innocent person and has been falsely implicated in the aforesaid case.
He further submits that the applicant has no criminal antecedents. It is
also contended that co-accused persons, namely, Manish Choudhary,
Ajay Yadav and Pankaj Chandrakar, have already been granted bail by
this Court vide order dated 11.08.2026, 13.08.2026 and 20.08.2026
passed in MCRC No. 7345 of 2026, MCRC No. 7461 of 2026 and
MCRC No. 7733 of 2026. Therefore, the applicant is also entitled to be
released on regular bail on the ground of parity.
4. On the other hand, learned State counsel opposes the bail application of

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the applicant and submits that the charge-sheet has already been filed in
the present case. However, he could not dispute the fact that identically
situated co-accused persons have already been granted regular bail by
this Court.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case,
particularly that the applicant has no criminal antecedents, further, the
co-accused persons, namely, Manish Choudhary, Ajay Yadav and
Pankaj Chandrakar, have already been granted bail by this Court vide
orders dated 11.08.2026, 13.08.2026 and 20.08.2026 passed in MCRC
No. 7345 of 2026, MCRC No. 7461 of 2026 and MCRC No. 7733 of
2026, moreover, the fact that the charge-sheet has already been filed
before the competent Court, the applicant has been in custody since
01.05.2026, and the conclusion of the trial is likely to take considerable
time. Therefore, this Court is of the view that the applicant is entitled to
be released on bail on the ground of parity.
7. Let the Bail of the Applicant – Nikhil Vaishnav , involved in Crime No.
42/2026 registered at Police Station – Singhoda, District – Mahasamund
(C.G.), for the offence punishable under Sections 316(3), 61, 336(3),
340(2), 316(5), 338, 3(5), 238 and 249 of the Bhartiya Nyaya Sanhita,
2023 and Sections 3 and 7 of the Essential Commodities Act, 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

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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
Abhishek