1 2025:CGHC:53085 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7624 of 2025 Govind Ram Yadav S/o Abhay Ram Yadav Aged About 27 Years R/o Village- Karramal, Police Station- Dongaripali, District- Sarangarh- Bilaigarh, Chhattisgarh (as per challan)(wrongly mentioned as Govind Ram Yud) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station Purani Bhilai, District- Durg, Chhattisgarh. ( As Per Challan ). ... Respondent For Applicant : Shri Praveen Dhurandhar, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/10/2025 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.402/2022 registered at Police Station Purani Bhilai, District Durg (C.G.) (As per challan) for the offence punishable under Sections 420 & 409 of Indian Penal Code. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.01 12:59:43 +0530 2 2. Case of the prosecution, in brief, is that a written report was made by the Branch Manager of Bharat Financial Inclusion Limited Bhilai on 04-09-2022 to the effect that the applicant was working as Sangam Manager in the complainant Bank and his job was to visit in villagers and create Women Group and to get open their accounts in the Bank and provide loan to them and during the lockdown period, he himself kept with him the amount recovered from the account holders instead of handing the same to the Bank and thus he has embezzled total amount of Rs.7,73,588/-. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case and he has neither committed nor participated in any act constituting the alleged offences. He would submit that the applicant is employed as a Field Assistant in a private bank, is a low-paid employee, and has no involvement in any embezzlement. He would submit that there is no documentary evidence showing that the alleged amount was received by the applicant. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 22/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 3 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 of allegation levelled against the applicant, period of detention of the applicant since 22/05/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Govind Ram Yadav, involved in Crime No.402/2022 registered at Police Station Purani Bhilai, District Durg (C.G.) (As per challan) for the offence punishable under Sections 420 & 409 of Indian Penal Code, be released on bail on his 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 4 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 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri