1 2026:CGHC:20749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3025 of 2026 • Lakheshwar Manjhi S/o Jaisingh Manjhi Aged About 23 Years R/o Manjhipara, Bijapur, Police Station And Tahsil - Bijapur, District Bijapur Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station - Bijapur, District - Bijapur Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Kishore Narayan, Advocate For Respondent(s) : Mr. Priyank Rathi, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.05.2026 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. 64/2025, registered at Police Station – Bijapur, District – Bijapur (C.G.) for the offence punishable under Sections 316(5), 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the applicant was posted as Collection Agent in CMS Info System Ltd, and was entrusted with the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.05 16:52:04 +0530 2 duty of collecting cash from the field and depositing the same in the company's account. During the course of his employment, it is alleged that in the period from 27.06.2025 to 31.07.2025, the applicant collected an amount of Rs. 41,23,054/- from the Bijapur District- Bastar. It is further alleged that instead of depositing the said amount in the company's account, the applicant in connivance with his brother, diverted the amount through different accounts and ultimately misappropriated the same for his personal use, thereby causing wrongful loss to the company. 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 submits that the alleged offence is purely of financial/monetary nature arising out of employment , the dispute involved is of is civil nature. The company instead of filing civil suit for recovery of money has filed an FIR giving it colour or criminal case. He further submits that in compliance of this Court’s order dated 06.04.2026, he has filled order sheet of the case showing the present status of the trial. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 08.09.2025 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 opposes the bail application and submits that there is no previous criminal antecedents registered against the present applicant, and the charge- sheet has been filed in this case. He further submits that, in compliance with the order dated 06.04.2026 passed by this Hon’ble Court, learned counsel for the applicant has filed the order sheet of the case showing the current status of the trial, which reveals that no 3 witness has been examined as of today. 5. I have heard learned counsel for the parties and perused all of 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 also considering the fact that in compliance with the order dated 06.04.2026 passed by this Court, learned counsel for the applicant has filed the order sheet of the case showing the current status of the trial, which reveals that no witness has been examined as of today, charge-sheet has been filed against the applicant, the applicant is in jail since 08.09.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Lakheshwar Manjhi, involved in Crime No.64/2025, registered at Police Station – Bijapur, District – Bijapur (C.G.) for the offence punishable under Sections 316(5), 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali