1 2025:CGHC:43234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6712 of 2025 Tejendra Kumar @ Chhotu S/o Kunjbihari Aged About 27 Years R/o Village Bodra, Police Station Kurud, District Dhamtari Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kurud, District Dhamtari Chhattisgarh ... Respondent For Applicant : Shri Arun Kumar Shukla, Advocate. For Respondent/State : Shri Hariom Rai, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/08/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.237/2024 registered at Police Station Kurud, District Dhamtari (C.G.) for the offence punishable under Sections 406,409,420,467,468,120b of Indian Penal Code. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.28 18:13:36 +0530 2 2. Case of the prosecution, in brief, is that on 08/05/2024, a written report was submitted by the complainant Branch Manager HDFC Bank Kurud to the concerned police station alleging that earlier branch manager alongwith present applicant committed criminal breach of trust and withdraw the amount from the account of account holders and transfer the same in the account of family members or own account thereby they committed fraud with bank and misuse the amount tune of Rs. 1,84,04,151/-. Upon this report police registered the aforesaid offence and arrested the present applicant also. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court vide order dated 15/04/2025 in MCRC No.2871/2025. It is stated that the co-accused Shrikant Tenneti was granted bail in the second bail application being MCRC No.5769/2025 on 24/07/2025 on the ground that though the trial was directed to be concluded expeditiously while rejecting the first bail application but on 8/10/2024 charges were framed and after framing of charge, no prosecution witnesses were examined. He would submit that the applicant is in jail since 17/07/2024, charge sheet has been filed and trial is likely to take some time for its conclusion, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel do not dispute the fact that co-accused Shrikant Tenneti has been granted bail in the second bail application being MCRC No.5769/2025 on 24/07/2025. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court vide order dated 15/04/2025 in MCRC No.2871/2025. Considering the fact that co-accused Shrikant Tenneti has been granted bail in the second bail application being MCRC No.5769/2025 on 24/07/2025, applicant is in jail since 17/07/2024, charge sheet has been filed and trial is likely to take some time for its conclusion, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the second bail application is allowed and it is directed that the Applicant - Tejendra Kumar @ Chhotu, involved in Crime No.237/2024 registered at Police Station Kurud, District Dhamtari (C.G.) for the offence punishable under Sections 406,409,420,467,468,120b of Indian Penal Code, be released on bail on his furnishing 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, 4 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri