Chhattisgarh High Court

Regular bail granted for criminal breach of trust following charge-sheet filing and clean criminal history.

BIMAL KUMAR MISHRA vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: March 27, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 3

Following an audit initiated on February 12, 2025, which revealed the discrepancies, the applicant allegedly absented himself from work and became untraceable

Source reference: para. 3

An 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. 2-3

The 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. 4
02

Issues

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, 7
03

Law 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. 2

The 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, 8

The 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. 8
04

Reasoning

The Court evaluated the application by weighing the gravity of the allegations against the procedural status of the case.

Source reference: para. 7

It 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. 7

The Court observed that the applicant had no prior criminal antecedents

Source reference: para. 7

Furthermore, it determined that the conclusion of the trial would likely take a considerable amount of time

Source reference: para. 7

By 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. 7
05

Holding

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. 8
Chhattisgarh High Court

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BIMAL KUMAR MISHRAvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · March 27, 2026

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