SANTOSH SINGH THAKUR vs STATE OF CHHATTISGARH

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CGHC010336782026 2026:CGHC:38848
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8130 of 2026
Santosh Singh Thakur S/o Mool Singh Thakur Aged About 56 Years R/o Shanti
Vihar Colony, Danganiya, P.S.- D.D. Nagar, Raipur, District- Raipur (C.G.) Also
At- Thakur Petrochemicals, Village- Urla Abhanpur, Tehsil- Abhanpur, District-
Raipur (C.G.)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station Singhoda,
District- Mahasamund (C.G.)
... Non-applicant
For Applicant : Mr. Ankit Singhal, Advocate.
For Non-Applicant/State : Mr. Sumit Singh, Dy. Advocate General.
Digitally
signed by
ABHISHEK
SHRIVAS
Date:
2026.09.02
16:53:06
+0530
Hon'ble Mr. Ramesh Sinha, Chief Justice
ABHISHEK
SHRIVAS
Order on Board
02.09.2026
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, 238, 249, 316(5), 336(3),
338, 340(2) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3 and 7 of
the Essential Commodities Act.
2. The genesis of the prosecution case lies in Crime No. 96/2025 registered
at Police Station Singhoda, District Mahasamund, on the basis of a

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written complaint alleging that certain unknown persons were illegally
extracting LPG gas from capsule trucks and refilling the same into
smaller cylinders at a farmhouse situated within the jurisdiction of Police
Station Singhoda, thereby committing offences punishable under
Sections 3 and 7 of the Essential Commodities Act, 1955, and Sections
305(e), 287 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
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 other co-accused persons, namely – Manish Kumar
Choudhary, Ajay Yadav, Pankaj Chandrakar, Nikhil Vaishnav and
Sarthak Singh Thakur have already been granted bail by this Court vide
orders dated 11.08.2026, 13.08.2026, 20.08.2026, 31.08.2026 and
31.08.2026 passed in MCRC No. 7345 of 2026, MCRC No. 7461 of
2026, MCRC No. 7733 of 2026, MCRC No. 8001 of 2026 and MCRC
No. 8030 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
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 Kumar Choudhary, Ajay Yadav,
Pankaj Chandrakar, Nikhil Vaishnav and Sarthak Singh Thakur have

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already been granted bail by this Court vide orders dated 11.08.2026,
13.08.2026, 20.08.2026, 31.08.2026 and 31.08.2026 passed in MCRC
No. 7345 of 2026, MCRC No. 7461 of 2026, MCRC No. 7733 of 2026,
MCRC No. 8001 of 2026 and MCRC No. 8030 of 2026, moreover, the
fact that the charge-sheet has already been filed before the competent
Court, the applicant has been in custody since 26.05.2026, 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 – Santosh Singh Thakur , involved in Crime
No. 42/2026 registered at Police Station – Singhoda, District –
Mahasamund (C.G.), for the offence punishable under Sections 316(3),
61, 238, 249, 316(5), 336(3), 338, 340(2) 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
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.

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(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