1 2025:CGHC:6748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7831 of 2024 Dr. Manoj Soni S/o Devi Prasad Soni Aged About 54 Years R/o Street No. 1, Pushpak Nagar, Nehru Nagar West, Ward No. 60, Katulbod, Motilal Nehru Nagar, Bhilai, District Durg Chhattisgarh ... Petitioner(s) versus State of Chhattisgarh Through The Station House Officer, Police Station Dhamtari,district Dhamtari Chhattisgarh ... Respondent For Applicant : Dr. Nirmal Kumar Shukla, Sr. Advocate with Mr. Aditya Tiwari, Advocate. For State : Mr. Sanjeev Kumar Pandey, Dy. A.G. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 06/02 /2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 06.10.2024 in connection with Crime No. 97/2023, registered at Police Station- Dhamtari, District- Dhamtari (C.G.) for the offence punishable under Sections 406, 409, 420 of I.P.C. 2. Case of the prosecution, in brief, is that on 26.05.2011, a memorandum of understanding had been executed between applicant who is the team leader of Haritima Paryavaran Sanrakshan Samiti and Divisional Forest Officer, Dhamtari Forest Division Dhamtari in village under Dhamtari Bendra Nawagaon, Soram, Bhatgaon, Dhamtari Rang and ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.02.06 16:42:23 +0530 2 Parsaguda, Amlidih, Korgaon under north Singpur forest range of Dhamtari forest Division in Dhamtari. As per the MoU, Rs. 66.72 lacs was sanctioned for the work to be executed by the applicant’s NGO as written in the MoU. It is also case of the prosecution that as per clause 2 of the MoU, as a start up fund, 10% of total cost i.e. Rs. 6.67 lacs is payable as advance. The applicant was given Rs. 6.67 lacs on 28.06.2011 lacs through cheque bearing No. 345052 for starting the work. It is alleged that the applicant has neither started the work nor despite, persuasion made by Divisional Forest Officer refunded the amount. Thus, he has committed the offence as aforestated. 3. Learned senior counsel for the applicant would submit that the applicant has been falsely implicated in the crime in question. He would further submit that 50% of defalcated amount i.e. Rs. 3,33,500/- has been deposited by the applicant. He would further submit that the applicant is in jail since 06.10.2024, charge-sheet has already been filed, the trial is likely to take sometime for its final disposal, therefore, the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the bail application and would submit that there is sufficient material available in the case diary against the applicant regarding commission of offence. He would further submit that even if the applicant has deposited 50% of the amount still he cannot be exonerated for commission of alleged offence as he is involved in misappropriation of public fund, hence, the application for grant of bail may be rejected. 5. I have heard learned counsel for the parties and perused the case diary with utmost satisfaction. 3 6. Considering the fact that 50% of the amount has been deposited by the applicant, the applicant is in jail since 06.10.2024, charge-sheet has been filed and also considering the fact that conclusion of the trial may take some time, therefore, no fruitful purpose would be served in continue detention of the applicant, as such, without further commenting anything on merits of the case, I am of the view that it is a fit case to grant bail to the applicant. 7. Accordingly, the bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Arun