1 2025:CGHC:21116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3539 of 2025 Kewal Ram Dhruv S/o Jhaduram Dhruv Aged About 34 Years R/o Pendra, Police Station And Tehsil - Magarlod, District - Dhamtari (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Magarlod, District - Dhamtari (C.G.) ... Non-Applicant For Applicant : Mr. Prasoon Agrawal, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No – 253/2024, registered at Police Station – Magarlod, District - Dhamtari (C.G.) for the offence punishable under Sections 409, 420, 467 and 468 of Indian Penal Code, 1860. 2. The case of the prosecution, is that, a written complaint was lodged by the Sub-Divisional Officer, Post Office Dhamtari, alleging that the present PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.09 17:06:31 +0530 2 applicant, while serving as the Postmaster at the Dhamtari Post Office, committed financial fraud. It is alleged that the applicant prepared and used fake passbooks in the names of certain clients and, by doing so, fraudulently withdrew funds amounting to Rs. 7,29,800/-. This act is stated to have caused a significant financial loss to the Department of Posts, Government of India. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that applicant is a Postmaster. He also submitted that the applicant has no previous criminal antecedents and the charge-sheet has been filed in this case. The applicant is in jail since 08.08.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. He further submits that the present applicant, while serving as the Postmaster at the Dhamtari Post Office, committed financial fraud. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant happens to be a Postmaster, further the applicant has no previous criminal antecedents, the charge-sheet has been filed against the applicant, the applicant is in jail since 08.08.2024 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Kewal Ram Dhruv, involved in Crime No – 253/2024, registered at 3 Police Station – Magarlod, District - Dhamtari (C.G.) for the offence punishable under Sections 409, 420, 467 and 468 of Indian Penal Code, 1860, 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 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 4 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. 8. Office 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 Preeti