Chhattisgarh High Court

### Regular Bail Granted Where Custodial Interrogation Concluded and Co-accused Enjoyed Anticipatory Bail Protection Summary of Principles: The Court granted regular bail to an accused charged with paddy misappropriation under the BNS, citing the completion of investigation with the filing of the charge-sheet, the prior grant of anticipatory bail to a co-accused, and the applicant's transfer from the place of occurrence prior to the alleged incident.

Girjashankar Bhoi v. State of Chhattisgarh [MCRC No. 351 of 2026 (2026:CGHC:11738)]

Chhattisgarh High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, a Computer Operator at the Singh Bahal paddy procurement center, was accused of involvement in the misappropriation of paddy during the Kharif year 2024-25.

Source reference: no citation

An inquiry by the Tehsildar and Food Inspector revealed that while delivery memos were issued for 875 gunny bags, only 500 bags were actually loaded onto a truck.

Source reference: para 2

The applicant filed this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending that he was transferred to a different location (Komakhan) prior to the incident as per an order dated 03.11.2025.

Source reference: para 3

He has been in custody since 23.12.2025.

Source reference: para 3
02

Issues

Whether the applicant is entitled to the grant of regular bail considering his detention period, the status of the investigation, and the principle of parity with co-accused?

Source reference: para 1, 6
03

Law Applied

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail.

Source reference: para 1

The substantive charges were under Sections 318(3) (Cheating), 318(4) (Cheating and dishonestly inducing delivery of property), and 61(2) (Criminal Conspiracy) of the Bharatiya Nyaya Sanhita (BNS), 2023.

Source reference: para 1

The court also considered the principle of parity in bail, as a co-accused had already been granted anticipatory bail under Section 482 of the BNSS.

Source reference: para 3, 6
04

Reasoning

The court examined the nature and gravity of the allegations alongside the applicant's specific defenses.

Source reference: no citation

It noted the applicant’s submission that he had been transferred prior to the alleged malpractice, supported by Annexure A/3.

Source reference: para 3

The court observed that the charge-sheet had already been filed, indicating that the custodial interrogation was no longer required for investigation.

Source reference: para 3, 6

Furthermore, the court took cognizance of the fact that the co-accused, Ashish Agrawal, was granted anticipatory bail by the same court on 23.02.2026.

Source reference: para 3

Although the applicant has one criminal antecedent, the court weighed his prolonged detention since December 2025 and the likely duration of the trial against the need for continued incarceration.

Source reference: para 6
05

Holding

The court answered the issue in the affirmative and allowed the bail application.

The court held that given the filing of the charge-sheet and the period of detention, the applicant was entitled to bail.

Source reference: para 6

The applicant was ordered to be released on a personal bond with two sureties, subject to conditions including mandatory attendance at trial, non-seeking of adjournments, and compliance with proceedings under Section 269 of the BNS and Sections 84 and 209 of the BNSS in case of default.

Source reference: para 7
Chhattisgarh High Court

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Girjashankar Bhoi v. State of Chhattisgarh [MCRC No. 351 of 2026 (2026:CGHC:11738)]

Chhattisgarh High Court · no citation

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