Facts
The applicant, a Store Manager at a Nike outlet in Bilaspur, was accused of involvement in the disappearance of goods worth approximately Rs. 9,81,505/-
Source reference: para. 3Following an audit initiated on February 12, 2025, which revealed the discrepancies, the applicant allegedly absented himself from work and became untraceable
Source reference: para. 3An FIR was lodged on April 1, 2025, by the manager of Chhattisgarh Apparels Company, alleging an offense under Section 316(4) of the Bharatiya Nyaya Sanhita (BNS), 2023
Source reference: para. 2-3The applicant was arrested on September 15, 2025, and subsequently filed this first bail application, arguing that there was a two-month delay in filing the FIR and that he had been falsely implicated
Source reference: para. 4Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the period of incarceration and the status of the investigation
Source reference: para. 2, 7Law Applied
The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant regular bail
Source reference: para. 2The substantive offense charged was under Section 316(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, relating to criminal breach of trust by a clerk or servant
Source reference: para. 2, 8The Court also referenced procedural safeguards under Sections 209, 269, 84, and 351 of the BNSS to ensure the applicant's appearance and prevent the abuse of the liberty of bail
Source reference: para. 8Reasoning
The Court evaluated the application by weighing the gravity of the allegations against the procedural status of the case.
Source reference: para. 7It noted that the applicant had been incarcerated since September 15, 2025, and that the investigation was effectively complete as the charge-sheet had already been filed
Source reference: para. 7The Court observed that the applicant had no prior criminal antecedents
Source reference: para. 7Furthermore, it determined that the conclusion of the trial would likely take a considerable amount of time
Source reference: para. 7By connecting the lack of criminal history and the completion of the charge-sheet with the duration of pretrial detention, the Court concluded that continued incarceration was not warranted
Source reference: para. 7Holding
The High Court allowed the bail application, holding that the applicant is entitled to regular bail
The Court ordered the applicant's release upon furnishing a personal bond with two local sureties, subject to several conditions: the applicant must not seek unnecessary adjournments, must remain present for all trial dates (specifically for framing of charges and recording of statements), and must comply with trial court proceedings under threat of revocation of bail or fresh proceedings under Sections 209 and 269 of the BNS
Source reference: para. 8Original Court PDF
BIMAL KUMAR MISHRAvsSTATE OF CHHATTISGARH
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