1 2025:CGHC:54256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6787 of 2025 Virendra Kumar Yadav S/o Indra Pratap Yadav Aged About 38 Years R/o Village Chamanpur Police Chowki- Wadrafnagar, P.S.- Basantpur, Distt- Balrampur- Ramanujganj C.G. --- Applicant Versus State Of Chhattisgarh Through The Station House Officer, Police Chowki- Wadrafnagar, P.S.- Basantpur, Distt- Balrampur-Ramanujganj C.G. --- Non-Applicant MCRC No. 7768 of 2025 1 - Bhagwan Singh S/o Late Dharamjeet Aged About 33 Years R/o Village- Rajkheta, P.S.- Basantpur, District- Balrampur-Ramanujganj, C.G. 2 - Anju Singh W/o Bhagwan Singh Aged About 30 Years R/o Village- Rajkheta, P.S.- Basantpur, District- Balrampur-Ramanujganj, C.G. ---Applicant Versus 1 - State Of Chhattisgarh Through S.H.O. Out-Post- Wadrafnagar, P.S.- Basantpur, District- Balrampur-Ramanujganj, C.G. --- Non-applicant MCRC NO. 6787/2025 For Applicant : Mr. Shubham Tiwari, Advocate For Non-applicant : Mr. Jitendra Shrivastava, Government Advocate MCRC NO. 7768/2025 For Applicant : Mr. Pushkar Sinha, Advocate For Non-applicant : Mr. Jitendra Shrivastava, Government Advocate SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 2 06/11/2025 1. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 144/2025 registered at Police Station – Wadrafnagar, District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 316 (4), 318 (3) & 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, complainant Muhammad Nijamuddin who is CEO of Janpad Panchayat Wadrafnagar lodged written report at Out-Post Wadrafnagar, P.S- Basantpur inter-alia alleged that from 29.07.2022 to 03.06.2025, the then Accountant i.e. Virendra Yadav and Data Entry Operator i.e. Bhagwan Singh in a fraudulent way, transferred the money of MGNREGA employees E.P.F. accounts into the account of Bhagwan Singh's wife namely, Anju Singh and a total amount of Rs 11,26,254/- of employee's money was fraudulently embezzled and misappropriated. On the basis of the aforesaid complaint offence unde section 316 (4), 318 (3), 3 (5) of B.N.S has been registered and the applicants/accused have been arrested on 29.07.2025. 3. Learned counsel for the respective applicants submit that the present applicants are innocent persons and have been falsely been implicated in the aforesaid case, they have not committed any offence as alleged. Mr. Shubham Tiwari learned counsel for the applicant in MCRC No. 6787/2025 submits that the allegation against the applicant is that he has provided the O.T.P. (One Time Password) of the E.P.F. account to the co-accused Bhagwan Singh and thereafter, it was the accused Bhagwan Singh who has committed the aforesaid offence and the applicant has no role to play in the present case. He submits that there is no direct evidence against the applicant and further, the EPF account was being operated through online mode and the said account was operated by the co-accused Bhagwan 3 Singh and during the said operation, only the OTP came in the mobile phone of the applicant, which was provided to him. So far as the criminal antecedents of the applicants are concerned, he submits that there are no previous antecedents pending against the applicant He submits that the applicant is the bread-winner of their families and is in jail since 29.07.2025. Therefore, they may be enlarged on bail. 4. Mr. Pushkar Sinha, learned counsel for the applicant in MCRC No. 7768/2025 submits that there is no recovery whatsoever being made from the possession of the present applicants which suggests that the applicants have committed the said crime. Further, he submits that there is no audit report, as the superior officer has deliberately not done the audit and after a long delay, the FIR was lodged against the applicants. He submits that prima faice there is no direct material or evidence available against the applicants. He further submits that the applicants are in jail since 29.07.2025, offence is triable by Judicial Magistrate First Class, there is no chance of absconding of the applicants as they are permanent residents of District – Balrampur - Ramanujganj, Chhattisgarh. So far as the criminal antecedents of the applicant is concerned, he submits that there are no criminal antecedents against them. Investigation is still going on and the charge-sheet has not been filed, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicants. 5. On the other hand, the learned State counsel opposes the bail application of the present applicants and submits that charge-sheet is yet to be submitted before the competent Court in the present case and the investigation is still going on. Further, he submits that there specific allegations against the respective applicants of committing misappropriation of funds of the EPF accounts of various government employees under the MGNREGA and thereafter, transferring the same to the account of the applicant Anju Singh. However, she do not dispute the submission of counsel for the respective 4 applicants regarding the criminal antecedents against the respective applicants and submits that considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 6. I have heard learned counsel for the respective parties and perused the documents enclosed along with the bail application. 7. Considering the facts and circumstances of the case, submission of counsel for the respective parties and further, the fact that charge-sheet has not been filed before the competent Court and the investigation is still going on, period of pre-trial detention, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Let the Applicants – Virendra Kumar in MCRC No. 6787/2025 and Bhagwan Singh & Anju Singh in MCRC No. 7768/2025, involved in Crime No. 144/2025 registered at Police Station – Wadrafnagar, District – Balrampur – Ramanujganj (C.G.), for the offence punishable under Sections 316 (4), 318 (3) & 3 (5) of the Bharatiya Nyaya Sanhita, 2023, 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 applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their 5 counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY