1 2025:CGHC:46592 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6458 of 2025 Sandeep Yadav S/o Shri Jailamber Yadav Aged About 30 Years R/o Remte Road Purani Basti Kunkuri, Thana- Kunkuri, Distt- Jashpur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kunkuri, Distt- Jashpur C.G. ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 11.09.2025 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. 07/2025 registered at Police Station : Kunkuri District - Jashpur (C.G.) for the offence punishable under Sections 316(5), 318(4) of BNS 2023 and Section 420 & 408 of IPC. 2. The prosecution story in short is that, the complainant Ashutosh VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.12 12:54:02 +0530 2 Bhadouriya Chief manager of Isect Limited company has lodge the written report in the police station Kunkuri, Distt - Jashpur, on 09.01.2025 against the applicant with the averment that there is tie-up between the state Bank of India and Isect Limited and as per the agreement CMP candidates were appointed for opening the account in statement Bank and to facilitate to the customers in the area and the applicant was granted CSP Code 32815126 from SBI Kunkuri branch Code 02870 and the complaint has been received by 59 customers regarding unauthorized withdrawal of amount from their accounts between the period 28.02.2024 to 08.08.2024 so the officers of ISect have made the internal inquiry and found that about Rs. 10,79,700/- has been withdrawn which amounts to misappropriation and cheating. 3. The applicant is an innocent person who has ben falsely implicated in the present case. The investigation has already been completed, the charge sheet has been filed, and no material evidence has been collected to show that the applicant withdrew the money from customer’s accounts without their consent. The applicant is running a Kyosk Center at Kunkuri, where withdraws are made only at the request of customers using their Aadhaar card and OTP. The alleged incident is said to have taken place between 28.02.024 to 08.08.2024, but the report was lodged much later on 09.01.2025, without any explanation for the delay. The offence alleged is triable by the Judicial Magistrate First Class, and since the case is based on documentary evidence no custodial interrogation of the applicant is required. The applicant is a poor person with two minor children, aged 2 and 5 3 years, and his continued detention is causing hardship to his family. Furthermore, the essential ingredients of Section 408 if IPC are not made out yet the police have wrongly registered the offence against him, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 21.05.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Sandeep Yadav, involved in Crime No. 07/2025 registered at Police Station : Kunkuri District - Jashpur (C.G.) for the offence punishable under Sections 316(5), 318(4) of BNS 2023 and Section 420 & 408 of IPC, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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) 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. Office 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 vaibhav