1 2025:CGHC:4035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 617 of 2025 Rupesh Singh S/o Ramdev Singh, R/o Near Shiv Mandir, Bhavanchak Saksohara, Patna, District- Patna, Bihar. ... Applicant versus State of Chhattisgarh Through Police Station Devendra Nagar, District- Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vedant Bhelonde, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. For Objector : Mr. Kashif Shakeel, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.01.2025 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. 303/2024 registered at Police Station – Devendra Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Sections 318(4), 316(5), 61 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, in January 2021, the complainant and his wife appointed Bhupendra Singh (the main ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.23 17:47:52 +0530 2 accused) as their agent to manage the business activities of their proprietorship firm, Gopala Enterprises. The complainant also entrusted the main accused with the operation of the firm's bank account. Subsequently, the main accused accepted orders from customers along with earnest money but failed to deliver the required goods. Instead, he embezzled the funds with the assistance of other employees of Gopala Enterprises. The complainant later discovered that they had suffered a loss of Rs. 3,54,28,636/- due to the main accused's misdeeds. Consequently, the complainant lodged an FIR, alleging fraud and criminal breach of trust by the main accused and other individuals. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that there is no recovery has been effectuated from his possession. He further submits that the present applicant has no criminal antecedents and he is in jail since 20.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. Learned counsel appearing for the objector opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedents. Also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and the present applicant is in jail since 20.10.2024, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 8. Let the Applicant – Rupesh Singh, involved in Crime No. 303/2024 registered at Police Station – Devendra Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Sections 318(4), 316(5), 61 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two local 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. 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