1 2025:CGHC:10309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1660 of 2025 1 - Pankaj Vishwas S/o Pran Vishwas Aged About 38 Years R/o Kerwashila, Police Station- Ramanujganj, District Balrampur-Ramanujganj (C.G.) 2 - Manoj Vishwas S/o Pran Vishwas Aged About 43 Years R/o Kerwashila, Police Station- Ramanujganj, District Balrampur-Ramanujganj (C.G.) ... Applicants versus State Of Chhattisgarh Through Police Station - Ramanujganj, District - Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicants : Dr. Sudeep Agrawal, Advocate For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 157/2024, registered at Police Station- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 409 and Section 34 of IPC. 2. Case of the prosecution, in brief, is that the present applicants along KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 with co-accused, who were working in District Co-operative Central Bank, Branch Ramanujganj have colluded with other co-accused person and have embezzled the amount of Rs. 1,33,58,689/- from the District Co-Operative Central Bank, Branch Ramanujganj, as the amount was meant for rural resident's government aid/loans. Therefore, an offence under Section 409, 34 of I.P.C, has been registered against the present applicants along with co-accused person. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the co- accused namely Rajesh Kumar Paul and Vijay Kumar Uikey, have already been granted bail by this Court being MCRC No. 7150/2024 and 8323/2024 vide order dated 08.11.2024 and 20.12.2024 respectively and the case of the present applicants are identical to that of the co-accused. He also submits that the applicants have no previous criminal antecedents and the applicants are languishing in jail since 08.02.2025 and 20.01.2025 and the charge-sheet has been filed before the competent Court, the conclusion of the trial is likely to take some time, hence, he prays for grant of bail to the applicants on the ground of parity. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicants and submits that the applicants colluded with other co-accused person and have embezzled the amount of Rs. 1,33,58,689/- from the District Cooperative Central Bank, Ramanujganj, which belongs to rural residents’ Government Aid/loans however, the present applicants have no criminal antecedents but they are not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the co-accused persons namely Rajesh Kumar Paul and Vijay Kumar Uikey, have already been granted bail by this Court being MCRC No. 7150/2024 and MCRC No. 8323/2024 vide order dated 08.11.2024 and 20.12.2024 respectively and the case of the present applicants are identical to that of the co-accused and in the present case, charge-sheet has been filed before the competent Court and the applicants have no criminal antecedents and the conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicants on parity. 7. Let applicants, Pankaj Vishwas and Manoj Vishwas, involved in Crime No. 157/2024, registered at Police Station- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 409 and Section 34 of IPC, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial 4 court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal