1 2025:CGHC:23296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3837 of 2025 Santosh Komarra S/o Late Govind Komarra Aged About 46 Years R/o Mainpur -2, P.S. Gariyaband District - Gariyaband Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Mainpur, District - Gariyaband Chhattisgarh ... Respondent For Applicant : Mr. Mahesh Kumar Mishra, Advocate. For Non- applicant/State : Mr. Satish Gupta, Government Advocate Hon'ble Justice Shri Arvind Kumar Verma, Judge Order on Board 12.06.2025 1. This is the Second 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. 54/2024 registered at Police Station Mainpur, District Gariyband (C.G.), for the offences punishable under Sections 120(B), 409, 420, 467, 468 and 471 of the Indian Penal Code. The First Bail Application of the present applicant was rejected by this court on merits vide order dated 08.11.2024. 2 2. The prosecution's story, in brief, is that complainant Gajendra Singh Dhruv lodged a written report in the Mainpur Police Station on 18.05.2024 to the effect that under the Community Health Center Mainpur, between the financial year 2016-17 to the financial year 2019-20 continuously for a period of four years. 11 officers/employees have prepared fake bills in the treasury through BTR, Bearer Cheque, forged handwritten seal and illegally withdrawn and embezzled a total govt amount of Rs. 3,13,43,971/- from the public account of the State. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that the applicant is in jail since 12.07.2024. He has been impleaded only on the basis of suspicion. The trial is likely to take some considerable time to conclude, hence he prays for grant of bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant. 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 that the co-accused persons have already been granted regular bail by this Court. He is in jail since 12.07.2024.. Although charge sheet has been filed but trial has not been commenced yet. There are total 91 witnesses sighted by the prosecution agency, hence the trial will take a much considerable time to conclude, therefore , this Court is 3 of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the present applicant , involved in Crime No. 54/2024 registered at Police Station Mainpur, District Gariyband (C.G.), for the offences punishable under Sections 120(B), 409, 420, 467, 468 and 471 of the Indian Penal Code, be released on bail on his furnishing 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 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 applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse 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 4 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 applicants are 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 them 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/- (Arvind Kumar Verma) Judge alfiza