1 2025:CGHC:12574 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2071 of 2025 Raghvendra Dwivedi S/o Lt. Shri Aadityanath Dwivedi Aged About 39 Years R/o Umda Road, Green City, Bhilai-3, P.S. Bhilai-3, Distt. Durg Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Khamtarai, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 818/2023 registered at Police Station : Khamtarai, District Raipur (C.G.) for the offence punishable under Section 406 of the Indian Penal Code (IPC). 2. The prosecution's case is that a written complaint was filed by Yashwant Dhankar, stating that the applicant worked as a salesman ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.18 10:46:09 +0530 2 at his shop. The applicant's responsibilities included taking orders from firms and collecting payments for the same. However, it is alleged that the applicant, at various intervals, collected money from different vendors but failed to deposit it into the firm's account. Instead, he allegedly used the funds for his personal use, resulting in embezzlement of Rs. 1,61,526/-. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that, according to the prosecution, the applicant allegedly embezzled money collected from approximately 11 firms. However, the prosecution failed to record the statements of any of these 11 firms. He also submits that the applicant has no criminal antecedents and he is in jail since 09.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the present applicant has no criminal antecedents, further, the fact that the charge-sheet has 3 already been submitted in the present case before the competent Court and the present applicant has been in jail since 09.01.2025 and the 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. 7. Let applicant, Raghvendra Dwivedi, involved in Crime No. 818/2023 registered at Police Station : Khamtarai, District Raipur (C.G.) for the offence punishable under Section 406 of the Indian Penal Code (IPC), 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 sufÏcient 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 4 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 sufÏcient 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. 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 Abhishek