1 2025:CGHC:44698 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6985 of 2025 • Naveen Kumar Sharma S/o Shivjas Sharma Aged About 33 Years R/o Quarter No. 10a, Street No. 27, Sector 4, Ward No. 43, Bhilai, Tehsil And Distt. Durg, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Distt. Magistrate, Distt. Durg, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vedant Bhelonde, Advocate For Respondent/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/09/2025 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 connection with Crime No.44/2025 registered at Police Station- Purani Bhilai, District- Bhilai (C.G.), for the offence punishable under Sections 408, 420, 34 of IPC. 2. As per prosecution story in brief is that on 01.05.2025 appointed Ravindra Singh (Main accused) as their recovery agent to recover money due to his proprietorship firm namely Shyam Chemicals. The VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.04 10:49:28 +0530 2 complainant asked him to recover outstanding amounts from debtors on account of sale of goods on credit. Thereafter, the main accused recovered money from the debtors but did not submit the same with the complainant instead he used that money for making private investments and paid off his own debt from the said money. The complainant thereafter, came to know that the main accused has embezzled money to a tune of Rs.44,48,377/- and did not returned him even after giving assurances. The complainant then lodged FIR alleging fraud and criminal breach of trust by the main accused along with other persons. 3. Learned counsel for the applicant is innocent and has been falsely implicated in this case and co-accused namely Gitesh Gill has already been granted bail by this Court in MCRC No.6804 of 2025 vide order dated 29.08.2025. He also submits that applicant is in jail since 05.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and applicant has no previous criminal antecedent. 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, nature and gravity of allegation levelled against the applicant, considering the fact that applicant has no previous criminal antecedent and co-accused has already been granted bail by this Court in MCRC No.6804 of 2025 vide order dated 29.08.2025, 3 applicant is in jail since 05.05.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the applicant – Naveen Kumar Sharma, involved in Crime No.44/2025 registered at Police Station- Purani Bhilai, District- Bhilai (C.G.), for the offence punishable under Sections 408, 420, 34 of IPC, be released on bail on their 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 4 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali