1 2025:CGHC:4724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 744 of 2025 Sharif Ansari S/o Gulam Jilani Ansari, Aged About 31 Years, R/o Shivprasadnagar, Sonpur, Masjid Para, Police Chowki - Basdei, P.S. Surajpur, District - Surajpur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Basantpur (Police Chowki Wadrafnagar), District - Balrampur-Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27/01/2025 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. 111/2024, registered at Police Station - Basantpur (Police Chowki Wadrafnagar), District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 408 and 420 of Indian Penal Code. 2 The case of the prosecution, in brief, is that the complainant has made PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.28 17:34:02 +0530 2 written complaint to the concerned Police Station is that the applicant was working as Sales Executive in the Belstar Micro Finance Ltd. Branch Wadrafnagar, and was finance loan amount of Rs. 35,00,000/- of 114 customers and has committed embezzlement such amount of the customers. Based upon the written complaint, the Police has registered the offence under Sections 408 and 420 of the Indian Penal Code against the present applicant for the aforesaid offence on the basis of merely suspicion. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the present applicant is bonafide worker of the Belstar Micro Finance Limited, Branch - Wadrafnagar and working for last one and half years and during tenure, there is no any complaint to perform and his duty by anyone. He further submitted that the incident took place on 01.01.2023 and the case is registered on 02.07.2024, looking to the facts, there is delayed FIR by the complainant in this case, which is very long delay in this case and the applicant was not involved in any kind of crime. He also submits that there is no evident to show that the accused received and misappropriate the said loan amounts. He later submitted that the applicant has no previous criminal antecedents, charge-sheet has been filed and the applicant is in jail since 23.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submitted that the applicant is accused of 3 embezzling an amount of Rs. 35,00,000/- from 114 customers. Therefore, he is not entitled to be released on bail. 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 no any evidence to show that the accused/applicant received and misappropriated the loan amount of Rs. 35,00,000/-, further the fact that an inordinate delay of lodging the FIR and no plausible explanation has been given by the complainant, also considering the fact that the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 23.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Sharif Ansari, involved in Crime No. 111/2024, registered at Police Station - Basantpur (Police Chowki Wadrafnagar), District – Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 408 and 420 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 4 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 his, 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 his in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of a certified copy 5 of this order, if there is no legal impediment. 9 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 Preeti