1 2025:CGHC:2295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 315 of 2025 Dilkash Kadri S/o Mustakim Ansari Aged About 25 Years R/o Village- Mahuadhi, P.S./ Tehsil- Shankargarh, District : Balrampur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Police of Baikunthpur, District Koriya, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Chandresh Shrivastava, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 288/2024, registered at Police Station – Baikunthpur, District Koriya, (C.G.) for the offence punishable under Sections 120 B, 409, 420, 467, 468, 471, 472, 473, 474, 475 of Indian Penal Code 1860, Sections 3 and 4 of The Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Sections 6 and10 of The Chhattisgarh Protection of Depositors Interest Act, 2005. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.15 10:59:11 +0530 2 2. The case of the prosecution, is that a complaint has been filed stating that Spandana Spruti Financial Limited is a micro finance company which provides loans to self-help groups for small business. During his posting, Dilkash Qadri, along with other colleagues Sunil and Neelkamal Rai, sanctioned a loan of Rs. 42,000/- to 391 women beneficiaries for doing business of dona pattal and transferred the money of all the beneficiaries to his account and used Rs 1,63,81,000/- for his own use. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is submitted that the co-accused, namely, Smt. Sunita has already been granted bail by this Court vide order dated 20.12.2024 passed in MCRC No. 8158/2024. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 21.09.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the the applicant along with other colleagues Sunil and Neelkamal Rai, sanctioned a loan of Rs. 42,000/- to 391 women beneficiaries for doing business of dona pattal and transferred the money of all the beneficiaries to his account and used Rs 1,63,81,000/- for his own use, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, the charge-sheet has been filed against the applicant, the applicant is in jail since 21.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant - Dilkash Kadri, involved in Crime No. 288/2024, registered at Police Station – Baikunthpur, District Koriya, (C.G.) for the offence punishable under Sections 120 B, 409, 420, 467, 468, 471, 472, 473, 474, 475 of Indian Penal Code 1860, Sections 3 and 4 of The Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Sections 6 and 10 of The Chhattisgarh Protection of Depositors Interest Act, 2005, be released on bail on his furnishing a 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 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 sufÏcient 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. 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 Preeti