1 2026:CGHC:978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 52 of 2026 Rajendra Prasad S/o Late Ganesh Sao Aged About 61 Years R/o Village- Pasta, Police Station- Pasta, District- Balrampur-Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kusmi, District- Balrampur-Ramanujganj (C.G.) ... Respondent For Applicant : Shri Goutam Khetrapal, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/01/2026 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.39/2025 registered at Police Station Kusmi, District-Balrampur- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.08 16:35:54 +0530 2 Ramanujganj (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 471, 120(B), 34 of Indian Penal Code. 2. Case of the prosecution, in brief, is that an FIR was registered on the basis of a letter issued by the Branch Manager of the District Cooperative Bank, Ambikapur, according to the complaint, the applicant was working as cashier (Substantive post- Samiti Prabandhak, Adim Jati Seva Sahkari Samiti Bank) while Ashok Kumar Soni was working as Assistant Chief Supervisor, and Attaval Singh, Vijay Kumar Uikey, and Shamal Sai were working as Branch Managers, along with other accused persons, misappropriated some amounts in 10 to 15 different accounts, when the above facts came to the knowledge of the Chief Executive Officer, Shankargarh, a committee was constituted, and according to the inquiry report, there was misappropriation in 138 entries, the misappropriation took place during the period from 2013-14 to 2023-24, and the total amount misappropriated has been calculated to be Rs. 26,47,82,462/-. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that co-accused persons have been granted bail by this Court namely Vikas Chandra Pandavi in MCRC No.5002/2025 on 30/06/2025, Rajendra Prasad Pandey in MCRC No.5395/2025, Navneet Soni in MCRC No.4926/2025, Laxman Prasad Dewangan in MCRC No.5353/2025, Tabarak Ali in MCRC No.5933/2025, Aitbal Singh in MCRC No.6396/2025, Smt. Sushma Ekka Soni in MCRC No.6797/2025, Samal Sai & Jagdish Prasad in MCRC No.7526/2025, Vijay Uikey in MCRC No.8107/2025 on 13/10/2025. He would submit that the charge 3 sheet has been filed in this case, the applicant is in jail since 27/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel do not dispute the fact that co-accused persons have been granted bail by this court. He would submit that bail application of the co-accused Prakash Kumar Singh has been rejected by this Court in MCRC No.9105/2025 on 13/11/2025 and also bail application of co-accused Sudesh Yadav has been rejected by this Court in MCRC No.8686/2025 on 26/11/2025 and case of the applicant is distinguishable from the case of the co-accused persons whose bail application is rejected. 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, further the fact that co-accused persons have been granted bail by this Court namely Vikas Chandra Pandavi in MCRC No.5002/2025 on 30/06/2025, Rajendra Prasad Pandey in MCRC No.5395/2025, Navneet Soni in MCRC No.4926/2025, Laxman Prasad Dewangan in MCRC No.5353/2025, Tabarak Ali in MCRC No.5933/2025, Aitbal Singh in MCRC No.6396/2025, Smt. Sushma Ekka Soni in MCRC No.6797/2025, Samal Sai & Jagdish Prasad in MCRC No.7526/2025, Vijay Uikey in MCRC No.8107/2025 on 13/10/2025, further the case of the applicant is distinguishable from the case of the co-accused persons whose bail application is rejected, period of detention of the applicant since 27/11/2025, charge sheet has been filed and also considering the fact 4 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rajendra Prasad, involved in Crime No.39/2025 registered at Police Station Kusmi, District-Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 471, 120(B), 34 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. (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 5 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