1 2025:CGHC:42493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4252 of 2025 Gopal Prasad Verma (Wrongly Mentioned As Gopal Sharma) S/o Vinod Kumar Verma Aged About 40 Years R/o Teachers Colony, Nutan Chowk, Bhilai 3, Tahsil Bhilai 3, District Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Purani Bhilai, District Durg (Wrongly Mentioned As District Magistrate Durg, District Durg Chhattisgarh) ... Respondent For Applicant : Shri Sudhanshu Kumar Singh, Advocate. For Respondent/State : Shri Atanu Ghosh, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.23 10:48:33 +0530 2 No.570/2024 registered at Police Station Purani Bhilai, District Durg (C.G.) for the offence punishable under Sections 406, 408, 409, 420 and 34 of I.P.C. 2. Case of the prosecution, in brief, is that applicant Gopal Prasad Verma, has been implicated in the case arising out of a complaint filed by Surendra Singh Bhuwal, Branch Manager, District Cooperative Central Bank Ltd., Bhilai-3, alleging financial irregularities in the Seva Sahakari Samiti Bhilai-3 the allegations against the applicant pertain to unauthorized payments amounting to Rs.3,03,618 to five farmers during financial transactions related to the procurement of fertilizers, seeds, paddy, and farmer cash withdrawals from the dependent villages of Somani, Ganiyari, Charoda, Umda, and Bhilai-3 and the aforesaid crime has been committed. 3. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the case and the applicant had a limited role in the alleged offences, primarily restricted to clerical duties, and was not directly involved in financial decision- making or handling large-scale transactions. He would submit that the applicant was an assistant clerk whose responsibilities were primarily clerical in nature and he was not in a position of authority or directly involved in decision-making processes related to the financial transactions in question. He would further submit that co-accused Smt. Neeti Diwan has been granted anticipatory bail by this Court in M.Cr.C.A. 211/2025 on 13.02.2025. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 3 17/05/2025 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 would submit that charge sheet has been filed in this case before the competent court. 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, considering the fact that co-accused Smt. Neeti Diwan has been granted anticipatory bail by this Court in M.Cr.C.A. 211/2025 on 13.02.2025, period of detention of the applicant since 17/05/2025, charge sheet has been filed 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- Gopal Prasad Verma, involved in Crime No.570/2024 registered at Police Station Purani Bhilai, District Durg (C.G.) for the offence punishable under Sections 406, 408, 409, 420 and 34 of I.P.C., 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 4 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 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