1 2025:CGHC:7742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1274 of 2025 Manindra Singh Thakur S/o Mahendra Singh Thakur Aged About 44 Years R/o Near Bajrang Akhada, Bajrang Nagar, Chantapara, Police Station- Civil Line, District- Bilaspur ( C.G. ). ... Applicant versus Central Bureau Of Investigation Ante Corruption, Bureau, Raipur, District- Raipur ( C.G. ). ... Non-Applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/CBI : Mr. B.Gopa Kumar, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/02/2025 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. RC1242018S0003 registered at Police Station- C.B.I. Raipur, District- Raipur (C.G.), for the offence punishable under Sections 120-B, 409, 406, 408, 477-A of Indian Penal Code. 2. Case of the prosecution, in brief, is that, the CBI case RC1242018S0003 was registered on 17.03.2018 against the applicant, the then President of Board of Members of Preliminary KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Agriculture Credit Co-operative Society/Sewa Sahkari Samiti, Semartal bearing Registration No. 415, 2 Block Bilha, District Bilaspur Chhattisgarh and others under Section 120-B, 409, 406, 408 and 477- A of the Indian Penal Code, on the allegations that the accused persons have embezzled the public money. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case. He further submits that on the similar allegation, vide order dated 22.01.2025 this Hon'ble Court has allowed the bail application of co-accused Shailendra Sahu bearing M.Cr.C. No. 8292 of 2024, therefore the applicant most respectfully prays for grant of similar benefits on parity ground. He further submits that the applicant was Board of Members of Preliminary Agriculture Credit Co-operative Society/Sewa Sahkari Samiti, Semartal, and he was performing his duty efÏciently and he has not committed any aforesaid offence as alleged by the prosecution against him. The only on basis of memorandum statement, the concerned authority has false registered FIR against the present applicant and the Police have not seized any article from the possession of the applicant with regard to incident has been occurred. He further submits that the co-accused Baldev Prasad Dhivar has already granted bail by the co-ordinate Bench of this Hon'ble Court vide order dated 27.06.2019 passed in MCRC No. 3189/2019. During the course of investigation, applicant has fully cooperated in investigation and he has never absconded therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the CBI opposes the prayer for grant of bail to the applicant and submits that the applicant being a 3 Board of Members of Preliminary Agriculture Credit Co-operative Society/Sewa Sahkari Samiti, Semartal, withdrawal and misappropriated the amount of Rs. 32,02,250/-from the society’s saving account. Accordingly, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 30.01.2025 and further the fact that the applicant has made accused only on the basis of memorandum statement and further no recovery has been made from the applicant and in the present case co- accused namely Shailendra Sahu, has already been granted bail by this Court being MCRC No. 8292/2024 vide order dated 22.01.2025 therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. 7. Let the applicant – Manindra Singh Thakur, involved in Crime No. RC1242018S0003 registered at Police Station- C.B.I. Raipur, District- Raipur (C.G.), for the offence punishable under Sections 120-B, 409, 406, 408, 477-A 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 bail and pass orders in accordance with law. 4 (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 sufÏcient 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal