1 2025:CGHC:42492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4140 of 2025 Gajanand Shirke S/o Late Krishna Rao Shirke Aged About 39 Years R/o Behind Mukta Cinema, Shanti Nagar Bhilai-3, Tahsil And Distt - Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Purani Bhilai, Distt. Durg Chhattisgarh ... Respondent For Applicant : Shri Samdarsh Nirankari, 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 No.570/2024 registered at Police Station Purani Bhilai, Distt. Durg GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.23 10:49:17 +0530 2 (C.G.) for the offence punishable under Sections 406, 408, 409, 420, 34 of I.P.C. 2. Case of the prosecution, in brief, is that the applicant alongwith the two other co-accused person allegedly committed embezzlement while being posted as assistant society manager in Bhilai 3. The alleged amount of misappropriation is Rs. 78,74,263/- out of which the applicant is allegedly misappropriated Rs. 35,53,870/-. The FIR was registered by the complainant Surendra Singh Bhuwal on the basis of an enquiry report. The Accused, Smt. Neeti Diwan allegedly misappropriated Rs. 40,16,775/- and co-accused Gopal Prasad Verma, Assistant Clerk is alleged to have misappropriated Rs. 3,30,618/-. Another person Prakash Kumar Yadav is also alleged to have misappropriated Rs. 37,000/- but since he deposited the amount, he has not been made accused in the instant case. 3. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the instant case and the discrepancies in the accounts were present even prior to the posting of the petitioner as Society Manager, one Chandra Shekhar Manikpuri was posted prior to the posting of the applicant and the applicant is not responsible for any embezzlement. 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 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 3 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- Gajanand Shirke, involved in Crime No.570/2024 registered at Police Station Purani Bhilai, Distt. Durg (C.G.) for the offence punishable under Sections 406, 408, 409, 420, 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 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 4 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