Facts
The applicant, a salesman at the English Composite Liquor Shop in Bacheli, was arrested on January 6, 2026, following a surprise inspection on November 25, 2025
Source reference: para. 2The inspection revealed a stock shortage of ₹92,09,370 and a failure to deposit ₹60,38,404 from sales, totaling an alleged misappropriation of ₹1,52,47,774 between October 1, 2025, and November 24, 2025
Source reference: para. 2, 4The applicant moved the High Court for regular bail, arguing false implication, lack of criminal antecedents, and parity with four co-accused persons already granted bail
Source reference: para. 3Issues
1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, based on the principle of parity and the stage of the investigation
Source reference: para. 1, 6Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the grant of regular bail
Source reference: para. 1It adhered to the principle of parity in bail matters, citing previous orders in MCRC Nos. 10419/2025, 1554/2026, 1754/2026, and 3041/2026, where identically situated co-accused were released
Source reference: para. 3, 6The Court also considered the penal provisions of the Bharatiya Nyaya Sanhita (BNS), specifically Sections 316(5) (Criminal breach of trust by public servant/banker/merchant/agent), 336(3) (Forgery), 318 (Cheating), 338 (Forgery of valuable security), 340 (Falsification of accounts), 61 (Criminal conspiracy), and 3(5) (Common intention)
Source reference: para. 1, 8Reasoning
The Court balanced the gravity of the offense—involving a substantial financial loss of over ₹1.52 crore—against the procedural status and the applicant's profile.
Source reference: para. 4It noted that the applicant had been in detention since January 6, 2026, and that the investigation was nearing a trial stage as the charge-sheet had already been filed
Source reference: para. 6Crucially, the Court found that the applicant's role was identical to four other co-accused (Ankit Tiwari, Deepak Yadav, Devendra Kumar Paikra, and Ajay Kumar Sharma) who had already been granted bail by the same Court between January and April 2026
Source reference: para. 3, 6Given the absence of criminal antecedents and the likelihood that the trial would consume significant time, the Court determined that continued incarceration was unnecessary
Source reference: para. 6Holding
The Court allowed the bail application, answering the issue in the affirmative
The applicant was ordered to be released on bail upon furnishing a personal bond with two sureties, subject to conditions: (i) no seeking of adjournments during witness presence; (ii) mandatory appearance on all trial dates unless excused; (iii) liability under BNS Section 209 for failure to appear; and (iv) mandatory personal appearance for framing of charges and recording of statements under Section 351 BNSS
Source reference: para. 8Original Court PDF
RAKESH KUMAR UIKEvsSTATE OF CHHATTISGARH
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