1 2025:CGHC:12842 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1932 of 2025 Shankar Ram Bhagat S/o Late Jugul Ram Aged About 51 Years R/o Village Benai, Kanya Parisar Gangapur, P.S. Gandhinagar, Tehsil Ambikapur, District Surguja, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Anand Kumar Kujur, Advocate For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/03/2025 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. 157/2024 registered at Police Station- Ramanujganj, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 409/34 of IPC. 2. Case of the prosecution, in brief is that the present applicant alongwith two other co-accused persons, who were working in the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 District Co-operative Central Bank, Branch Ramanujganj has colluded with the other co-accused persons and embezzled Rs. 1,33,58,689/- from the District Co-operative Central Bank, Branch Ramanujganj. The said amount was meant for farmers and the farmers' group government aid/loan. Therefore an offence under Sections 409, 34 of I.P.C. has been registered against the present applicant along with co-accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant was appointed on the post of Branch Manager in District co-operative Central Bank, Branch Ramanujganj. He was also appointed as nodal ofÏcer of the projects run by the government. Therefore often he used to be on field visits. In good faith, for smooth functioning of the Bank the applicant had shared his ID to the other employee of the branch namely Pankaj Vishwas who was working on the post of Computer Operator at the same branch. Pankaj Vishwas, by misusing the ID of the present applicant has well adjusted the above amount in the account of his brother, namely Manoj Vishwas, Dev Ashish Sikdar and Radhe Traders. The proprietor of Radhe Traders is Pankaj Vishwas the co-accused who misused the ID of the present applicant. He also submits that not a single penny of the alleged amount has been well adjusted in the name of the present applicant and his relatives which is reflects that the co-accused Pankaj Vishwas has committed the offence by misusing the ID of the present applicant. He further submits that the other co-accused namely Pankaj 3 Vishwas & Manoj Vishwas have already been granted bail by this Court in MCRC No. 1660 of 2024, vide order dated 03.03.2025, co- accused namely Rajesh Kumar Paul has already been granted bail by this Court in MCRC No. 7150 of 2024, vide order dated 08.11.2024 and the co-accused namely Vijay Kumar Uikey has already been granted bail by this Court in MCRC No. 8323 of 2024, vide order dated 20.12.2024. The case of the present applicant is identical to that of the co-accused. Accordingly, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits the fact that the applicant colluded with other co-accused persons and have embezzled Rs. 1,33,58,689/- from the District Co-operative Central Bank, Ramanujganj, which belongs to rural residents’ government aid/loans, therefore the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 29.02.2024 and further the fact that the co-accused namely Rajesh Kumar Paul has already been granted bail by this Court being MCRC No. 7150/2024 vide order dated 08.11.2024 and the case of the applicant is similar to that case of co-accused and in the present case, charge-sheet has been filed before the competent Court further the applicant has no previous criminal 4 antecedent, thus without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Let the applicant – Shankar Ram Bhagat, involved in Crime No. 157/2024 registered at Police Station- Ramanujganj, District- Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 409/34 of IPC, be released on bail on his furnishing a personal bond with two sureties, in the like sum 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 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 5 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 for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal