1 2025:CGHC:30470 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5172 of 2025 Vinod Kumar Dhruv S/o Shri Shreeram Ji Dhruv Aged About 38 Years R/o - Village - Subhash Chouk, Khadma, Police Station - Chhura, District - Gariyaband (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Through Police Station - Mainpur District - Gariyaband (C.G.) ---- Respondent For Applicant : Mr. Shivendu Pandya, Advocate For Respondent/State : Mr. Satish Gupta, GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 04/07/2025 1. Mr. Shivendu Pandya, counsel for the applicant and Mr. Satish Gupta, GA for the State-Respondent. 2. The applicant has been preferred this second bail application. The first bail application has been dismissed on merits by this Court vide order VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.04 17:21:18 +0530 2 dated 08.11.2024 in MCRC No.7235/2024. The present second bail application has been filed under Section 483 of the BNSS for grant of regular bail as he is arrested in connection with Crime No.54/2024, registered at Police Station- Mainpur, District Gariyaband (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 471, 120(B) of IPC. 3. Brief facts of this case are that, the complainant namely Gajendra Singh Dhruv, Block Medical Officer, Block Mainpur lodged the written report on 18/05/2024 in the Police Station Mainpur, District Gariyaband (C.G.) that under the Community Health Centre, Mainpur, between the financial year 2016-17 to financial year 2019-20, 11 officers/employee have prepared fake bills in the treasury through BTR, bearer cheque, forged handwritten seal and illegally withdrawn and embezzled a government fund of Rs. 3,13,43,971/-from the public account of the state. On the basis of above written report of the complainant, the FIR was lodged under section 420, 409, 467, 468, 471, 120(B) of IPC in crime No. 54/2024. The complainant is alleged that applicant along with other co-accused committed the offence of cheating & breach of trust with government fund by way of transaction in other account.. The police registered the offence punishable under section 409, 420, 467, 468, 471, 120(B) of I.P.C. against the applicant along with other accused persons at crime No. 54/2024 on the basis of report of the complainant, hence, he is committed the offence of 3 cheating & breach of trust with the government fund. On the basis of above complaint made by the complainant, the police of Police Station Mainpur, District - Gariyaband (C.G.) lodged a report against the present applicant along with other co-accused for offence punishable under section as indicated above. 4. Learned counsel appearing on behalf of the applicant contended that the applicant is innocent and has been falsely implicated in the present case. He further submits that no prima facie case is established by the prosecution against the present applicant involving him in the alleged offence. The prosecution has also not shown mens rea and no documents have been submitted by the prosecution to show that the present applicant was involved in the above said the offence of cheating. There is no any document to show that any wrongful gain was obtained by the present applicant as well as profit. There is no knowledge and indulgence of the present applicant in the aforesaid crime. It is submitted that the present applicant has not committed any offence which was alleged by the Police. He further contended that the applicant had preferred an application under section 483 of B.N.S.S. for his release on bail before the which has been rejected by the learned Additional/Upper Sessions Judge, Gariyaband, District -Gariyaband (C.G.) vide order dated 04/10/2024 as aforesaid. It is respectful submission of the applicant that the applicant has not participated the above said episode of offence because the complainant and some other 4 persons are made conspiracy against the present applicant because the alleged amount was not credit in the account of present applicant and he did not take any amount from the government fund. The main accused persons has deposited t amount he in the bank account of the present applicant and, thereafter, they have taken the amount from the present applicant by saying that by default the amount credited in the bank account of the present applicant whereas the present applicant is working in the lower grade employee in the said department. Further, it is respectful submission of the present applicant that the main accused conspired against him and there is no role played by the present applicant in the aforesaid offence which alleged against him and further contended that the charge sheet has been filed against the applicant and other co-accused, but still there is no witnesses have been examined by the prosecution. He also contended that the applicant in jail since 12.07.2024 and and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 5. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedent, he was ward boy at the time 5 of incident and further considering the fact that the present applicant is not the main accused in the crime in question, charge-sheet has been filed in the present case and he is in jail since 12.07.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicant involved in Crime No.54/2024, registered at Police Station- Mainpur, District Gariyaband (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 471, 120(B) of IPC, be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety 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 sufficient cause, the trial court may proceed against him under Section 269 of BNS, 2023. 6 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 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 BNS, 2023. (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, 2023. 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant