1 2026:CGHC:121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9409 of 2025 Ashirwad Priyanshu S/o Ratnashankar Aged About 29 Years R/o Village Narayanpur, Post Daulatpur, P.S.Khodavantpur, Distt. Begusarai, Bihar, Current Address- Plot No. 1, Behind N.K.H. Hospital, Kosabadi, P.S. Civil Line Rampur, Distt. Korba, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Civil Line Rampur, Korba, Distt. Korba, Chhattisgarh. ...Non-applicant For Applicant : Mr. Virendra Verma, Advocate. For Non-applicant/State : Ms. Ankita Shukla Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 1. Mr. Virendra Verma, Advocate appearing for the applicant submits that he has filed his power/vakalatnama today itself on behalf of the applicant. 2. 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. 193/2025, registered at Police Station – Civil Line Rampur Korba VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.03 11:19:22 +0530 2 District – Korba (C.G.) for the offence punishable under Sections 409 of the IPC. 3. The prosecution story, in brief is that the In-charge complainant Pradeep Kumar Sikdar, Assistant Accounts Officer, Municipal Corporation, Korba lodged a written report alleging therein that the cash recovery amount received from revenue collection by the Korba Municipal Corporation is deposited into the A/c No. Corporation's 307010100003667 at the Axis Bank, Power House Road, Korba branch via CMS (Cash Management Services). A discrepancy was found between the amount deposited in the said account, as per the Corporation's cash register/CMS deposit slip and the bank statement. The Korba Municipal Corporation constituted an investigation committee and according to the investigation report, an amount of Rs. 79,42,274/- was found to be not deposited in the aforementioned account at the Axis Bank, Power House Road, Korba branch. It is alleged that the then Axis Bank Manager of the Power House Road, Korba branch, in collusion with the accused Ashirwad Priyanshu and other co-accused, did not deposit the discrepant amount into the Corporation's account and embezzled the said sum. On the basis of written report lodged by the complainant, the police of Police Station Civil Line Rampur, Korba registered an offence bearing Crime No. 193/2025 for the offence punishable under Section 409 of Indian Penal Code against the then Axis Bank management of Branch Power House Road, Korba and investigation was initiated. During course of investigation, the police seized the detail of deposited amount in Axis Bank by the Municipal Corporation Year 2022-23 from the office of 3 Municipal Corporation, Korba, District Korba (C.G.). Memorandum statements of the accused persons were recorded, but nothing could be seized from the present applicant and applicant and other co- accused persons were arrested, statement of the witnesses were recorded and after completion of the entire investigation charge-sheet has been filed before the learned Chief Judicial Magistrate, Korba, District - Korba (C.G.) for an offence punishable under Section 409 of Indian Penal Code, 1860. 4. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits in the aforesaid case and is wholly innocent, having committed no offence whatsoever. It is respectfully submitted that the applicant was working only as a cashier in the concerned bank and, as per the work allotment, his duty was limited to receiving cash from customers against vouchers and handing over the same, along with all vouchers, to the Branch Manager, who was the actual custodian of the bank’s funds and responsible for keeping the cash in the strong room. At the end of each day, the applicant duly submitted the entire cash amount after counting it through a note-counting machine, along with all vouchers, to the Branch Manager, leaving no cash or transaction pending on his part, and thus no role can be attributed to him in the alleged offence. Even as per the prosecution documents, the alleged discrepancies for the years 2022–23 and 2023–24 do not establish any embezzlement by bank employees; rather, the calculations indicate that lesser amounts were deposited by the Municipal Corporation, suggesting that the present case has been 4 falsely and fabricatedly lodged to shield the actual culprits. Further, no recovery of any alleged embezzled amount has been made from the applicant or his relatives, nor has the prosecution shown any transfer of funds to his account, clearly demonstrating the absence of any material connecting him with the alleged crime. The investigation is complete and the charge-sheet has already been filed before the learned Chief Judicial Magistrate, Korba; the offence under Section 409 IPC is triable by the Judicial Magistrate First Class, no custodial interrogation is required, and continued detention of the applicant, who has already remained in custody since 07.08.2025, therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused the case- diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the present applicant, and taking into account that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, has been in judicial custody since 07.08.2025, and that the conclusion of the trial is likely to take some more time, this Court is of the considered opinion that the applicant deserves to be enlarged on bail in the present case 8. Let applicant, Ashirwad Priyanshu, involved in Crime No. 193/2025, registered at Police Station – Civil Line Rampur Korba District – Korba 5 (C.G.) for the offence punishable under Sections 409 of the IPC, be released on bail on furnishing personal bond with two local 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. (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. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav 6