1 2025:CGHC:43915 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6804 of 2025 Gitesh Gill S/o Chainsingh Gill Aged About 42 Years R/o E.W.S. 516, Shanti Nagar, Ward No. 11, Vaishali Nagar, Supela Bhilai, Tahsil and District Durg, Chhattisgarh ... Applicant versus State of Chhattisgarh Through S H O, Purani Bhilai, District - Durg, C.G. ... Non-Applicant For Applicant : Mr.Sudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.08.2025 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. 44/2025 registered at Police Station - Purani Bhilai, District Durg (C.G.) (wrongly mentioned as Bhilai-3), for the offence punishable under Sections 408, 420, 34 of Indian Penal Code. 2. Earlier bail application of the applicant was rejected on merit by this Court vide order dated 15.05.2025 passed in MCRC No. 3859/2025. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.30 14:02:27 +0530 2 3. The prosecution story in brief, is that, the complainant has made written complaint before the concerned police station stating therein that he is the proprietor of Shri Shyam Chemical Company which is situated at -12/I, Bhari Industrial Area Hathkhoj Bhilai, District Durg Chhattisgarh where accused person Ravindra Singh son of Bakshish Singh was working as marketing and recovery in the such Chemical Company since 6 years and the said company was sold the Aluminum material total amounting of Rs. 44,48,377/- (Rs. 6,57,914/- of Maitalix Company Raipur, Rs. 11,35,211/- of Personal transaction and Rs. 26,55,252/- of R.C. Aluminum Company Hathkhoj) and his employee Ravindra Singh have recovered such amount of Rs. 44,48,377/- with the help of other accused persons in absence of the complainant without giving any knowledge to the complainant and his employee Ravindra Singh has not returned said amount to the complainant. Based upon the written complaint, the police have registered the offence under Sections 408, 420, 34 of the Indian Penal Code against the present applicant for the aforesaid offences on the basis of merely suspicious. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that this is the second bail application, the first bail application was rejected on merits by this Court vide order dated 15.05.2025 passed in MCRC No. 3859/2025. He further submits that the co-accused, namely, Ravinder Singh, whose bail application was also rejected by this Court passed in MCRC No. 3652/2025 vide order dated 09.05.2025, had preferred an SLP No. 9674/2025 3 before the Hon’ble Apex Court. The Hon’ble Apex Court has been pleased to grant bail to the said co-accused vide order dated 18.08.2025. It is further submitted that the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 05.05.2025. Therefore, he prays that the applicant be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact this is the second bail application of the applicant, the first bail application was rejected on merits by this Court vide order dated 15.05.2025 passed in MCRC No. 3859/2025, further considering the fact that the co-accused, namely, Ravinder Singh, whose bail application was also rejected by this Court passed in MCRC No. 3652/2025 vide order dated 09.05.2025, had preferred an SLP No. 9674/2025 before the Hon’ble Supreme Court, and the Hon’ble Apex Court has granted bail to the said co-accused vide order dated 18.08.2025, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 05.05.2025, this Court is of the view that the applicant is entitled to be released on bail. 8. Accordingly, the Second bail application is allowed. Let the applicant - Gitesh Gill, involved in Crime No. 44/2025 registered at 4 Police Station - Purani Bhilai, District Durg (C.G.) (wrongly mentioned as Bhilai-3), for the offence punishable under Sections 408, 420, 34 of Indian Penal Code, 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 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (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 5 in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti