1 2025:CGHC:28794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4970 of 2025 Adla Someshwar S/o Adla Appa Rao Aged About 34 Years R/o At Railway Q No. 75 Zone 1, Ward No. 23, Charoda, Bhilai, District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through SHO Police Station Urla, Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vinay Nagdev, Advocate appeared through video conferencing. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.06.2025 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. 15/25 registered at Police Station : Urla, District Raipur (C.G.) for the offence punishable under Sections 316(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, one Bishnu Charan Patel, Security Manager of R Logistics, lodged a written complaint stating that the applicant was employed as an executive in the said company and was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.28 16:17:58 +0530 2 in charge of the monetary transactions related to delivery parcels. However, instead of depositing the cash obtained from cash-on- delivery parcels, he allegedly embezzled a sum of Rs. 3,63,927/-. Pursuant to the said complaint, an FIR bearing Crime No. 15/25 under Section 316(4) of the BNS was registered against the applicant, and he was arrested on 24.05.2025 and presented before the concerned trial Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the entire case of the prosecution against the present applicant is false, baseless, and fabricated, as it is based on incorrect facts concocted by the police authorities. He further submits that the applicant was arrested by Police Station Urla, Raipur, C.G., on 24.05.2025 for the alleged offence punishable under Section 316(4) of the BNS and was presented before the concerned court, which further remanded him to judicial custody. Despite his innocence, the applicant remains in judicial custody, and the charge sheet has already been filed, with the trial now underway. From this, it can be inferred that there is no requirement for custodial interrogation of the applicant, and in the absence of such a requirement, no fruitful purpose would be served by keeping the applicant behind bars. He also submits that on mere suspicion and after an inordinate delay, a written complaint was filed against the applicant, and nothing incriminating has been seized or recovered from his possession. He submits that the applicant has no criminal antecedents and he is in jail since 24.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, moreover, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 24.05.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Adla Someshwar, involved in Crime No. 15/25 registered at Police Station : Urla, District Raipur (C.G.) for the offence punishable under Sections 316(4) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 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 Abhishek