1 2025:CGHC:22439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4181 of 2025 1 - Eliazer Kumar S/o Fajihat Ram Aged About 40 Years R/o Alfa And Omega School Thakurpur, Gandhi Nagar, Ambikapur, District Sarguja, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Lailunga, District Raigarh, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-Applicant : Mr. Neeraj Sharma, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.05.2025 1. This is the First bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 213/2024 registered at Police Station, Lailunga, District- Raigarh (C.G.), for the offence punishable under Sections 420, 34 of IPC. 2. Heard on I.A. No. 01/2025, which is an application for grant of temporary bail. 3. Case of the prosecution, in brief, is that the complainant who has lodged the written report against the present applicant along with other Digitally signed by AMIT PATEL 2 accused persons with intend that the applicant is director of company Dream Alpha Omega Multitrade Service Pvt. Ltd. And accused persons have promised to the complainants 50% of loan should be given to the borrower and 10 % should be given to agent and 40% should be given to the said company if providing finance loan from the bank by the company and also promised to liability to repay the loan amount upon the said company, and after providing finance amount from the Bank, the company has repay of financed loan on some time and thereafter, the company has not provided repay of finance loan amount and like this the accused persons have embezzled the amount of Rs. 81,34,937/- with the borrowers/complainant. Based upon such complaint, the concerned Police Station has registered the offence under Section 420, 34 of IPC. 4. Learned counsel for the applicant submits that he has filed an application for grant of temporary bail to the applicant on the ground that his father has died on 20.05.2025 therefore, he sought temporary bail for performing lasts rituals of his father as there is no male members to take care of all formalities of death of his father except him. Hence, he prays for grant of temporary bail to the applicant on this ground. 5. On the other hand, learned State counsel opposes the bail application of the applicant and submits that in the present case, the charge-sheet has been filed before the competent Court, however, the fact that the present applicant along with co-accused persons have embezzled the amount of Rs. 81,34,937/- with the borrowers/complainant, further the applicant has one antecedent of similar nature of the year 2024, hence he is not entitled for grant of bail. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled gainst the applicant and further the fact that the present applicant is the Director of the company who has cheated and misappropriated the amount of Rs. 81,34,937/- with the borrower/ complainant and is the main accused in the present case, who has one criminal antecedent of similar nature of the year 2024 and further the fact that co-accused who have already been granted bail by this Court in MCRC Nos. 2773 of 2025 and 3516 of 2025, is the wife of the applicant having two minor children and the other one is the employee of the applicant and their cases are distinguishable from the case of the applicant, I am not inclined to grant regular bail to the applicant. 8. Accordingly, the First bail application of the applicant namely Eliazer Kumar, involved in Crime No. 213/2024 registered at Police Station, Lailunga, District- Raigarh (C.G.), for the offence punishable under Sections 420, 34 of IPC., is rejected at this stage. 9. At this stage, learned counsel for the applicant submits that the father of the applicant has died on 20.05.2025 and his father’s lasts rituals performance will be held on 30.05.2025 and the same has been verified by the learned State Counsel. 10. Considering the aforesaid fact, I am inclined to grant parole/short term bail to the applicant for the period of 1 week from the date of his release on an undertaking that he shall surrender before the concerned trial Court on the date to be given by the trial Court on his furnishing a personal bond with a sum of Rs. 1,00,000/- with two sureties, out of 4 which, one should be family member in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to cooperate with the trial and during the release on parole/ short term bail, he shall not indulge in tempering of evidence or involve in any criminal activities, failing which, the trial Court is at liberty to take him into custody and sent him to jail. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. 12. Certified Copy today itself. Sd/- (Ramesh Sinha) Chief Justice AMIT PATEL