1 2025:CGHC:55872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9258 of 2025 Bharat Manjhi S/o Shri Ramgovind Manjhi Aged About 27 Years R/o Village Dongripali, Thana - Sankra, Tahsil - Pithoura, District - Mahasamund Chhattisgarh ... Applicant Versus The State Of Chhattisgarh Through The Station House Officer, Police Station - Sankra, Distt. - Mahasamund Chhattisgarh ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate For Non-applicant : Ms. Supriya Upasne, Government Advocate SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 17/11/2025 1. This is the first bail 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. 132/2025 registered at Police Station – Sankra, District – Mahasamund (C.G.), for the offence punishable under Sections 316 (3) (5), 318 (3) (a), 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, Branch Manager, Zila Sahakari Kendriya Bank Maryadit, Sankra Branch lodged report at Police Station Sankra against the Manager and Computer Operator of the Primary Krishi Sakh Sahakari Samiti Maryadit, Jorabharan for shortage of paddy of 3100 quintals and shortage of bag in the year 2024-25 which calculated total loss of Rs. 2 1,39,80,343/-. On the basis of the report, police authorities registered FIR on 29.08.2025 and arrested the present applicant who is the Computer Operator of the said society and after completing the investigation file the charge- sheet. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that, against the bail rejection order, the identically situated co-accused, namely, Omprakash Nayak preferred anticipatory bail application bearing M.Cr.C.A. No. 1479 of 2025 before this Court, in which the the co-accused Omprakash Nayak has been granted the benefit of anticipatory bail. Hence, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. However, she submits that there specific allegations against the applicant of commission of shortage of paddy in the society which was found after due enquiry by the authorities. Therefore, he may not be granted bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, the fact that co-accused, namely, Omprakash Nayak preferred anticipatory bail application bearing M.Cr.C.A. No. 1479 of 2025 before this Court, in which the the co-accused Omprakash Nayak has been granted the benefit of regular bail bail, as such, without further commenting anything on merits, this Court finds it appropriate to grant bail to the applicants. 7. Let the Applicant – Bharat Manjhi, involved in Crime No. 132/2025 registered at Police Station – Sankra, District – Mahasamund (C.G.), for the offence punishable under Sections 316 (3) (5), 318 (3) (a), 3 (5) of the 3 Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 sufficient cause, the trial court may proceed against his 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 them, 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 them in accordance with law. 4 8. 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