Facts
The applicant, a Manager (Prabandhak) at the Paddy Procurement Centre, Konpara, was arrested on January 21, 2026, following allegations of paddy shortages discovered during physical verification for the 2024–25 season.
Source reference: para. 2The prosecution alleged wilful disobedience of government orders regarding transportation agreements, resulting in a financial loss involving approximately 20,586.88 MT of paddy.
Source reference: para. 2The applicant contended that under Clause 19.5 of the Paddy Procurement Policy 2024–25, the Manager is segregated from procurement activities, and the responsibility for shortages lies with the Fad Prabhari.
Source reference: para. 3The applicant further asserted he had no criminal antecedents and had remained in custody since January 2026.
Source reference: para. 3Issues
1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations and the period of incarceration.
Source reference: para. 1, 6Law Applied
The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), regarding the High Court’s power to grant bail.
Source reference: para. 1The Court considered the principles of bail jurisprudence, focusing on the nature and gravity of the offence, the absence of criminal antecedents, the status of the investigation (submission of the charge-sheet), and the likelihood of a prolonged trial.
Source reference: para. 6Additionally, the court referenced Sections 209, 269, and 351 of the BNSS and the Bharatiya Nyaya Sanhita (BNS) to frame conditions for the prevention of liberty abuse.
Source reference: para. 7Reasoning
The Court examined the applicant's role and the specific defense that liability rested with the Fad Prabhari per the procurement policy and existing agreements.
Source reference: para. 3While the State opposed bail noting the seriousness of the financial loss, the Court highlighted that the charge-sheet had already been submitted before the competent court.
Source reference: para. 4, 6The Court reasoned that since the investigation against the applicant was complete and he had no prior criminal record, further pretrial detention was unnecessary, especially as the trial was expected to take considerable time to conclude.
Source reference: para. 6Holding
The Court answered the issue in the affirmative, granting regular bail to the applicant.
The applicant was ordered to be released upon furnishing a personal bond with two sureties, subject to strict conditions: he must not seek unnecessary adjournments, must appear personally for crucial trial stages (framing of charges and statement recording), and must comply with all procedural mandates under the BNSS to avoid revocation of bail.
Source reference: para. 7Original Court PDF
JAIPRAKASH SAHUvsSTATE OF CHHATTISGARH
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