Facts
The applicant, a broker for procurement of raw materials, was arrested on January 15, 2026, in connection with Crime No. 08/2026 for allegedly conspiring with his son and a company accountant to defraud New Look Bio Fuels Pvt. Ltd.
Source reference: para 1, 2The prosecution alleged that the accused created a firm, “Jai Mahavir Agro,” prepared forged and duplicate bills, and manipulated invoices to misappropriate ₹22,79,258, while attempting to withdraw an additional ₹21,36,790.
Source reference: para 2The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), contending he was merely a commission agent with no involvement in bill preparation, no financial trail to his accounts, and no prior criminal history.
Source reference: para 1, 3Issues
1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS considering the nature of the fraud allegations and the filing of the charge-sheet.
Source reference: para 1, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court or Court of Session to grant bail.
Source reference: para 1The substantive offenses charged were under Sections 316(4) (Criminal breach of trust), 318(4) (Cheating), 338 (Forgery of valuable security/will), 336(3) (Forgery), 340(2) (Using forged document), and 3(5) (Joint liability) of the Bharatiya Nyaya Sanhita (BNS).
Source reference: para 1Reasoning
While acknowledging the prosecution’s allegation that the applicant acted in conspiracy to facilitate financial fraud through forged invoices, the court prioritized several mitigating factors.
Source reference: para 6Specifically, it noted that the applicant had been in detention since January 15, 2026, and that the investigation had progressed to the stage where a charge-sheet had already been filed.
Source reference: para 6Furthermore, the court took significant note of the fact that the applicant had no prior criminal antecedents.
Source reference: para 6Balancing the nature of the allegations with the anticipated duration of the trial, the court determined that further custodial detention was unnecessary.
Source reference: para 6Holding
The High Court allowed the application and directed the release of the applicant on regular bail.
The bail was granted subject to the execution of a personal bond with two sureties and specific conditions: the applicant must not seek unnecessary adjournments, must appear at every hearing (unless excused under Section 269 BNS), and must be present for framing of charges and recording of statements under Section 351 of the BNSS.
Source reference: para 8Violation of these conditions would allow the trial court to treat the default as an abuse of the liberty of bail.
Source reference: para 8Original Court PDF
DILEEP GOLCHAvsSTATE OF CHHATTISGARH
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