Shishupal Yadav vs State of Chhattisgarh

Ramesh Sinha, CJ

This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 01/2026 registered at Police Station: Thana Tumla, District Jashpur (C.G.) for the offence punishable under Sections 318(4), 320, 336, 338 and 61 of the Bhartiya Nyaya Sanhita, 2023.

As per the prosecution story, in between 15/11/2024 to 31/01/2025, in the paddy procurement, Sub Centre Konapara, of Adivasi Jati Sewa Sahkari Samiti Limited, Konapara, Rgistration No. 128, Bhubeshwar Sai, authorized office, Jaiprakash Sahu (Committee Manager), Shishupal Yadav (Phad Manager), Nitendra Sai (Computer Operator), Avinash Awasthi (Assistant Phad Incharge), Chandkumar Yadav (Co-Assistant Phad Incharge)by committing irregularities in paddy procurement in the year 2024-25, loss has been caused to the Government. As per On line computer letter in the centre, the total paddy purchased by the Government was found to be 1,61,250.00 quintals, the total delivery in the Milland collection centre was found to be 1,40,663.12 quintals. According to the letter, the quantity of paddy reserved for delivery at the centre was found to be 20,586.88 quintals of paddy was found missing and paddy was not available on the spot. In this way, the procurement centre, Konapara shows shortage of 20,586.88 quintals, due to which the total amount of shortage of paddy is Rs. 6,38,19,328/- at the rate of Rs. 3100 per quintal. Along with the shortage of paddy, new bardana 4898 pieces at Rs. 71.80 per bardana, total Rs.3,51,676.40/- and old bardana Miller/per PDS 54249 pieces at Rs. 25 per bardana, total Rs. 13,55,975/-, due to which the committee has suffered financial loss of Rs. 6,55,26,979.40/- including the total amount of paddy and bardana, in this regard, the complainant is alleged that applicant along with other co-accused have been committed the offence of cheating by way of irregularities in paddy procurement work. Further, it is alleged that The police registered the offence punishable under section 318(4), 320, 336, 338, 61 of B.N.S. against the applicant along with other accused persons at crime No. 01/2026 on the basis of report of the complainant, hence, he is committed the offence of cheating.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that co-accused namely, Jaiprakash Sahu has already been granted regular bail by this Court in MCRC No.2691 of 2026 vide order dated 28.04.2026. He submits that the present applicant has no criminal antecedents and the applicant has been in jail since 05.01.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant on the ground of parity.

On the other hand, learned State counsel opposes the bail application of the present applicant and submits that in the present case, the charge-sheet has submitted before the competent Court and she could not dispute the fact that co-accused namely, Jaiprakash Sahu has already been granted regular bail by this Court in MCRC No.2691 of 2026 vide order dated 28.04.2026.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, moreover, the charge-sheet has already been submitted in the present case before the competent Court which is taken on record, the present applicant has been languishing in jail since 05.01.2026, and also considering the fact that co-accused namely, Jaiprakash Sahu has already been granted regular bail by this Court in MCRC No.2691 of 2026 vide order dated 28.04.2026, trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case on the ground of parity.

Let applicant, Shishupal Yadav, involved in Crime No.01/2026 registered at Police Station : Thana Tumla, District Jashpur (C.G.) for the offence punishable under Sections 318(4), 320, 336, 338 and 61 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.