1 2025:CGHC:58658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5970 of 2025 Aman Shukla S/o Shri Satish Shukla Aged About 28 Years R/o Sirgitti, P.S. Sirgitti, District Bilaspur C.G. Presently R/o Near Fci, Ward No. 15, Tarbahar, P.S. Tarbahar, District Bilaspur C.G. ... Applicant. versus State Of Chhattisgarh Through Police Station City Kotwali, District Bilaspur C.G. ... Respondent. For Applicant : Shri Ravindra Sharma, Advocate. For State/Respondent : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/12/2025 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 he has been arrested in connection with Crime No.326/2025, registered at Police Station –City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.12.04 11:46:17 +0530 2 316 (2), 316 (4) of B.N.S. 2. As per the prosecution story, in brief, complainant namely Manoj Singh, Manager of the Meenakshi Sales situated at near Old High Court Bilaspur C.G. lodged a complaint stating that Meenakshi Sales is involved in the sale of cement and it has transactions with different firms regarding the business, that on 01.10.2023 applicant was appointed by the firm for collection of transaction amount from different firms, that it is further alleged that without the knowledge of the firm in the last 6 months, applicant Aman Shukla has collected transaction amount and used the same for his personal work, that the applicant has committed embezzlement of amount more than Rs.35,00,000/- till now and for recovery of the same, FIR has been lodged by the complainant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. Learned counsel further submits that applicant has been falsely implicated because he had taken loan from the complainant firm and due to inability of father of the applicant to repay the said loan amount, though between the period from January, 2025 to June, 2025, he has paid Rs.60,000/- in the account of the firm. Learned counsel for the applicant further submits that applicant was removed from the job in the month of January, 2025, however, the FIR has been lodged in the month of June, 2025 and the delay in lodging of the FIR has not been explained by the complainant 3 Firm. Learned counsel further submits that the dispute between the applicant and the complainant Firm is civil in nature. Learned counsel submits that the applicant is in jail since 07.07.2025 and the applicant has no previous criminal antecedents and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application, however, submitted that applicant has no previous criminal antecedents. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that applicant has no criminal history and the dispute between the applicant and complainant Firm is civil in nature, conclusion of the trial is likely to take some time, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Aman Shukla, involved in Crime No.326/2025, registered at Police Station –City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 316 (2), 316 (4) of B.N.S., 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:- 4 (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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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) 5 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Avinash