1 2025:CGHC:25423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4587 of 2025 Anurag Pandey S/o. Nagendra Pandey Aged About 23 Years R/o. Village - Pandaouli Atraouliya, Azamgarh (Uttar Pradesh). ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Seepat, District - Bilaspur (C.G.). ... Respondent For Applicant : Mr. Siddhant Tiwari, Advocate For Res./State : Mr. Amit Verma, Panel Lawyer For Res./Objector : Mr. Sudeep Verma, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18/06/2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (henceforth, “BNSS”) for grant of regular bail, as he has been arrested in connection with Crime No. 24/2025, registered at Police Station Seepat, District Bilaspur (C.G.) for the offence punishable under Section 316 (4) of the BNS. 2 2. The case of the prosecution, is that on 08.01.2025, complainant made a written complaint before the Police Station Seepat alleging therein that he is working on the post of Manager at “Bilaspur Road Carrier Company” whereas the applicant is working alongwith him on the post of Senior Transport Manager in the said Company. It is alleged that the applicant, without any prior intimation / notice, went missing from 03.12.2024, who was in possession of lockers key, in which, there was cash amount of Rs.10.05,951, and out of that amount, an amount of Rs.6,00,000/- was missing from that locker. It is suspected that the applicant has fled away with the missing cash. On the basis of such complaint, police investigated the matter and the applicant was arrested on 22.05.2025 and since then he is in jail. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case, as there is no recovery of aforesaid missing amount of Rs.6,00,00/- has been made from him. It is further submitted that so far as his missing from 03.12.2024 is concerned, when he asked from his superiors for leave on account of attending the marriage cermony of his sister, the same was denied and threatened that he will be expelled from the said job, if he took the said leave, thereafter, he left the said job by orally informing to his seniors, as such, he has no role in the said missing of the amount from the locker. He 3 submits that the applicant is in custody since 22.05.2025; charge- sheet has already been filed; no criminal antecedents has been reported against the applicant and conclusion of the trial is likely to take considerable time, hence, the applicant may be enlarged on bail. 4. Per contra, the learned State counsel opposes the bail application and submits looking the facts & circumstances of the case, the application is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having heard learned counsel for the parties, having regard to the facts & circumstances of the case, particularly, considering the fact that application is languishing in jail since 22.05.2025; charge-sheet has already been filed; no criminal antecedent has been reported against the applicant, and the fact that as per state counsel, no recovery whatsoever has been made from the applicant, 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 applicant Anurag Pandey involved in Crime No. 24/2025, registered at Police Station Seepat, District Bilaspur for the offence punishable under Section 316 (4) of the BNS, be released on bail on his furnishing a personal bond with one local surety in the like sum to the satisfaction of the 4 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, 5 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 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 amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.19 20:15:44 +0530