1 CGHC010252772026 2026:CGHC:28426 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6101 of 2026 Amit Shrivastava S/o Anand Shrivastava Aged About 30 Years Occupation- Private Job R/o Mo. Godhanpur (Ward No 3) P.S. Gandhinagar Tahsil Ambikapur District- Surguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The District Magistrate Surguja Ambikapur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shakti Raj Sinha, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 653/2025, registered at Police Station- Ambikapur District- Surguja (C.G.) for the offence punishable under Sections 316(4) and 316(5) of the BNS, 2023. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.07.10 11:12:17 +0530 2 2. The prosecution case, in brief, is that on the basis of a written complaint lodged by the Manager of Shriram Finance Company, Crime No. 653/2025 was registered at Police Station Ambikapur on 15.09.2025 for the offences punishable under Sections 316(4) and 316(5) of the Bharatiya Nyaya Sanhita, 2023. It is alleged that during the period from 30.01.2024 to 03.06.2025, while working as a Junior Business Executive, the applicant collected loan instalments from certain customers but failed to deposit the same with the company and also facilitated the delivery of 22 motorcycles without completion of the requisite finance process, thereby causing financial loss to the complainant company. During investigation, the applicant was arrested on 01.04.2026 and has remained in judicial custody since then. After completion of investigation, the charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to an employment- related dispute arising after his resignation and demand for an experience certificate. It is contended that the investigation has been completed and the charge-sheet has already been filed, therefore, his further custodial interrogation is not required. It is further submitted that no incriminating document, forged receipt, D.O. letter or any other article has been recovered from the possession of the applicant and that the prosecution case is primarily based on the internal records of the complainant 3 company, which are already in the custody of the investigating agency, leaving no possibility of tampering with the evidence. It is also argued that the appointment terms provide for resolution of disputes through arbitration, yet the complainant has initiated criminal proceedings without exhausting the contractual remedy. Learned counsel further submits that the applicant has no criminal antecedents, has been in judicial custody since 01.04.2026 and the trial is likely to take considerable time to conclude. Therefore, it is prayed that the applicant be enlarged on bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the nature of allegations, the fact that the investigation has been completed and the charge-sheet has been filed, the applicant is languishing in jail since 01.04.2026, the absence of any criminal antecedents, and without expressing any opinion on the merits of the case, this Court is inclined to allow the application. 7. Let applicant, Amit Shrivastava, involved in Crime No. 653/2025, registered at Police Station- Ambikapur District- Surguja (C.G.) for the offence punishable under Sections 316(4) and 316(5) of the BNS, 2023, be released on bail on his furnishing a personal 4 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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, 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet