1 2025:CGHC:33056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5498 of 2025 Vivek Singh Kshatri S/o Shri Gyan Singh Kshatri Aged About 46 Years R/o. 27 Kholi, Vikash Nagar, Near Sunny General Stores, Bilaspur, PS- Civil Lines Bilaspur, Distt.- Bilaspur (C.G.) --Applicant versus State Of Chhattisgarh Through, Station House Officer, Police Station- Civil Lines, Distt.- Bilaspur (C.G.) ... Respondent For Applicant : Shri Sunil Sahu, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.16 17:35:36 +0530 2 connection with Crime No.862/2024 registered at Police Station Civil Lines, Distt. Bilaspur (C.G.) for the offence punishable under Sections 420, 409, 466, 467, 468, 471, 472, 474, 475 & 201 of IPC. 2. Case of the prosecution, in brief, is that the complainant Mahendra Kumar Sonteke, Deputy-Superintendent District Court Bilaspur has lodged the report on 09.09.2024 against the applicant with the averment that the applicant who was posted as Assistant Grade III in the court of Judicial Magistrate First Class Kota from 11.12.2021 to 19.04.2022 has not deposited the amount of fine Rs. 1,22,000/- which was received in criminal cases and from 14.05.2022 to 11.10.2022 Rs.66,000/- total is sum of Rs.1,88,000/- has been misappropriated by preparing the forged documents/receipts of treasury so on the basis of report offences as mentioned above have been registered, applicant was arrested and after completion the investigation filed the charge-sheet before CJM Bilaspur and the charge sheet itself contains the material that the total amount of Rs. 1,88,000/- has been deposited in the treasury on 10.09.2024 itself. 3. It has been argued by learned counsel for the applicant that the applicant who is AG-III in the court of JMFC, Kota is involved in a criminal case and he has not deposited the fine amount in the trial court and has misappropriated Rs.1,88,000/- and when he was suspended from service he on the next date deposited the said amount and departmental enquiry against him is still pending. It is 3 stated that the applicant is in jail since 9/10/2024 and till date only charges have been framed on 3/02/2025. He would submit that the charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, considering the fact that the applicant who is AG-III in the court of JMFC, Kota has not deposited the fine amount in the trial court and has misappropriated Rs.1,88,000/- and when he was suspended from service, he on the next date deposited the said amount and departmental enquiry against him is still pending and till date only charges have been framed on 3/02/2025, considering the period of detention of the applicant since 9/10/2024, charge sheet has been filed and trial is likely to some time for its conclusion, 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 and it is directed that the applicant-Vivek Singh Kshatri, involved in Crime No.862/2024 registered at Police Station Civil Lines, Distt. Bilaspur (C.G.) for the offence punishable under Sections 420, 4 409, 466, 467, 468, 471, 472, 474, 475 & 201 of IPC, 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 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) 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months, if there is no legal impediment. 9. The Principal District Judge, Bilaspur is directed to ensure that the trial of the present case is concluded as has been ordered by this Court within the stipulated time. 10. Registrar (Judicial) is directed to send a certified copy of this order to the Principal District Judge, Bilaspur for necessary information and compliance. 11. Office is also directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri