1 2025:CGHC:4066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8292 of 2024 Shailendra Sahu S/o Late Kejram Sahu, Aged About 54 Years R/o Village And Post- Semartal, P.S.- Koni, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through- C.B.I. Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. For C.B.I. : Mr. B.Gopa Kumar, Advoacate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 22/01/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. RC1242018S0003, registered at Police Station – C.B.I. Raipur, District- Raipur (C.G.) for the offence punishable under Sections 120-B, 409, 406, 408 and 477-A of the Indian Penal Code. 2 The case of the prosecution, in brief, is that the CBI case RC1242018S0003 was registered on 17.03.2018 against the applicant, the then President of Board of Members of Preliminary Agriculture Credit Co-operative Society/Sewa Sahkari Samiti, Semartal Regn. No. 415, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.23 19:40:39 +0530 2 Block Bilha, District - Bilaspure Chhattisgarh and others under Section 120-B, 409, 406, 408 and 477-A of the Indian Penal Code. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant was Board of Members of Preliminary Agriculture Credit Co-operative Society/Sewa Sahkari Samiti, Semartal, and he was performing his duty efÏciently and he has not committed any aforesaid offence as alleged by the prosecution against him. He later submitted that the only on basis of memorandum statement, the concerned authority has false registered FIR against the present applicant, the Police has not seized any article from the possession of the applicant with regard to incident has been occured. He further submitted that the accused person Baldev Prasad Dhivar has already granted bail by the co-ordinate Bench of this Court vide order dated 27.06.2019 passed in MCRC No. 3189/2019. Further, the applicant has one previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 16.10.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel as well as CBI opposed the bail application. They further submits that being a Board of Members of Preliminary Agriculture Credit Co-operative Society/Sewa Sahkari Samiti, Semartal wtihdrawn and misappropriated amount of Rs. 32,02,250 from the society’s saving account. Further, the applicant has one previous criminal antecedents, therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 3 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that only on the basis of memorandum statement the FIR was registered against the present applicant and there is no recovery made from the applicant, further the applicant has one previous criminal antecedent, the charge-sheet has been filed, he is in jail since 16.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Shailendra Sahu, involved in Crime No. RC1242018S0003, registered at Police Station – C.B.I. Raipur, District – Raipur (C.G.) for the offence punishable under Sections 120-B, 409, 406, 408 and 477-A of the Indian Penal Code., be released on bail on each of them 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 sufÏcient 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 4 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 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 applicants are deliberate or without sufÏcient 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 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/Sd/- (Ramesh Sinha) Chief Justice Preeti