1 2025:CGHC:2476 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 374 of 2025 Tikendra Manhare S/o Shri Anand Manhare Aged About 30 Years R/o Khamhariya, Police Station - Lawan, District Balauda Bazar-Bhatapara Chhattisgarh ... Applicant versus The State of Chhattisgarh Through The Station House OfÏcer, Police Station Champa, District Janjgir-Champa Chhattisgarh ... Non-Applicant For Applicant : Mr. Vivek Bhakta, Advocate along with Mr. A.N. Bhakta, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 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. 293/2024 registered at Police Station – Champa, District – Janjgir - Champa (C.G.), for the offence punishable under Sections 408 and 409 of the Indian Penal Code. 2. The earlier bail application of the applicant being MCRC No. 8947 of 2024 was dismissed as withdrawn vide order dated 02.01.2025 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.16 12:14:07 +0530 2 with liberty to file a fresh bail application after passing of the order of the trial Court for offence under Seection 409 of the Indian Penal Code. 3. According to the prosecution's story, on July 20, 2024, a report was lodged by the complainant, Sunil Sahu, Area Manager of Arohan Finance Service Company Limited, situated at Janjgir-Champa, at the Champa Police Station, District Janjgir-Champa. The complaint alleged that between October 1, 2023, and January 30, 2024, the applicant failed to deposit Rs. 10,73,995/- collected from customers by the company's field workers, into the company's bank account, thereby breaching the trust placed in him. Based on this complaint, an offense was registered against the applicant, and the investigation is nearly complete. The applicant was arrested on December 2, 2024, in connection with this offense. The prosecution has filed a final report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offenses punishable under Sections 408 and 409 of the Indian Penal Code, 1860 (Sections 316 and 317 of the BNSS). 4. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in the present case. He submits that the loan amount was collected from customers by field workers Upendra Soni, Ved Prakash, Durgesh Sahu, and Vaishali Kewat. However, these individuals failed to deposit the collected funds into the bank. He submits that the applicant was arrested solely based on his position as Branch Manager of the Company, despite not being responsible for the 3 breach of trust. He further submits that the field workers had already deposited the collected amount of Rs. 5,97,155/- (Rs. 5,00,000/- on December 31, 2023, at 15:36 hours, and Rs. 97,155 on December 31, 2023, at 15:46 hours) into the bank account through the concerned choice centers in Janjgir, District Janjgir-Champa. This deposit occurred prior to the registration of the FIR against the present applicant. He also submits that the applicant is in jail since 02.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. 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 and the fact that the field workers had already deposited the collected amount of Rs. 5,97,155/- (Rs. 5,00,000/- on December 31, 2023, at 15:36 hours, and Rs. 97,155 on December 31, 2023, at 15:46 hours) into the bank account through the concerned choice centers in Janjgir, District Janjgir-Champa. This deposit occurred prior to the registration of the FIR against the present applicant. Moreover, the charge-sheet has already been submitted before the competent Court and he is in jail since 02.12.2024, conclusion of the trial may take some more time therefore, this Court is of the view that the applicant is entitled to be released on bail. 4 8. The Second Bail Application of the Applicant – Tikendra Manhare, involved in Crime No. 293/2024 registered at Police Station – Champa, District – Janjgir -Champa (C.G.), for the offence punishable under Sections 408 and 409 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 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 sufÏcient cause, the trial court may proceed against his 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 9. OfÏce 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