1 2025:CGHC:12878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7975 of 2024 Rudra Madho Mohanti S/o Shri Keshav Mohanti, Aged About 28 Years, R/o Balco Nagar, P.S Balco Nagar, Tahsil And District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S Balco Nagar, Korba, District Korba, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Rajesh Jain, Advocate For Respondent / State : Mr. Dilman Rati Minj, Government Advocate SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board 18/03/2025 1. Heard. 2. This is the fourth 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.280/2021 registered at Police Station Balco Nagar, Korba, District Korba (CG) for the offence punishable SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2025.03.18 17:12:01 +0530 2 under Sections 408, 420, 120-B, 467, 468 & 471 read with 34 of the IPC. 3. The first bail application of the applicant was dismissed as withdrawn vide order dated 7.2.2022 passed in MCRC No.8610/2021. The second application was dismissed on merits vide order dated 30.6.2023 passed in MCRC No.3545 of 2023 with a direction to the trial Court to conduct the trial in de die in diem manner and conclude the same preferably within next 9 months. The third application was also dismissed on merits vide order dated 10.6.2024 passed in MCRC No.2626 of 2024 with an observation to conclude the trial expeditiously by the trial Court in the spirit of Section 309 of the Cr.P.C. 4. Case of the prosecution, in brief, is that the applicant was working in the Accounts Department of BALCO as Deputy Treasurer. It is alleged that the applicant had copied the digital signatures of higher authorities and thereby, transferred the money to the tune of Rs.15 crores in the bank accounts of his relatives fraudulently. The applicant also used some amount in the share market. Hence, the aforesaid offence has been registered. 5. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case. He submits that earlier, while dismissing the second bail application, a direction was given by this Court to conclude the trial in an expeditious manner and even while dismissing the third application also, a direction was given to conclude the trial expeditiously in the spirit of Section 309 of the Cr.P.C. He would submit that now, the evidence has been closed and the case is fixed for recording of the statement of the accused. He would submit that the applicant has been in jail since 16.6.2021 i.e. for about more than 3 years and 9 months. He would submit that the trial is pending before the concerned Judicial Magistrate First Class and he could impose only a maximum sentence of 3 years. Hence, learned counsel for the applicant prays for releasing the applicant on bail. 6. On the other hand, learned counsel for the State would oppose the bail 3 application. However, he fairly submits that the trial is pending before the concerned Judicial Magistrate First Class and as per Section 23 of Bhartiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years. 7. In the present case, the applicant has already undergone the sentence of more than three years. Furthermore, on earlier occasions also, this Court has already granted time and issued direction for conclusion of trial in an expeditious manner. Even in the present bail petition, by order dated 4.2.2025, this Court made an observation with regard to the fact as to whether the earlier order(s) passed by this Court to conclude the trial expeditiously was brought to the notice of the concerned trial Court by the concerned Prosecution Officer or not. 8. Considering the facts and circumstances of the case, without commenting anything on the merits of the case, this Court is inclined to grant bail to the applicant. 9. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.One Lac (One Lakh) with two sureties in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. 10.The applicant shall file an affidavit(s) showing details of his movable and immovable properties held by himself and his family members viz. wife and dependent children and also shall not alienate the immovable property without the prior permission of the concerned trial Court. 11. Certified copy as per rules. Sd/- (Deepak Kumar Tiwari) Judge Shyna 4