1 CGHC010177052026 2026:CGHC:28559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4169 of 2026 Devendra Kumar S/o Shri Rajkumar Aged About 26 Years R/o Village - Pachri, Thana Akaltara, Distt - Janjgir-Champa Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through S.H.O., Out Post - Manikpur, Police Station - Kotwali, District- Korba Chhattisgarh. ... Non-Applicant For Applicant : Mr. Samir Singh, Advocate For Non-Applicant/State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. Though the name of the complainant is duly reflected in the cause list, but none has appeared on behalf of the complainant to oppose or contest the present application when the matter was taken up for hearing. 2. 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. 802/2025 registered at Out Post - Manikpur, Police Station - Kotwali, District- Korba, (C.G.) for the offence punishable under Section 316(5) of of the Bharatiya Nyaya KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Sanhita, 2023. 3. The case of the prosecution, in brief, is that on 31.10.2025, the complainant, namely Vijay Mandal, lodged a written report alleging that the present applicant, along with other co-accused persons, was working as a Customer Service Officer and Collection Executive with ESAF Small Finance Bank at Korba. It is alleged that, in the course of their employment, the applicant and other accused persons collected loan repayment amounts from various customers of the Bank but failed to deposit the same in the Bank’s account and instead misappropriated the collected funds. On the basis of the said complaint, the police registered the FIR against the applicant and other co-accused persons for the alleged commission of the offences in question and thereafter arrested the applicant. Hence, the present bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the allegation against the applicant pertains to the non-deposit of certain loan repayment amounts allegedly collected from customers during the course of his employment. However, without admitting the allegations and solely to demonstrate his bona fides, the applicant has already deposited the entire alleged outstanding amount of Rs. 88,272/- with the complainant Bank. It is further submitted that after receipt of the said amount, the complainant Bank has issued a receipt/certificate acknowledging that no outstanding dues remain against the applicant. A copy of the said receipt has been filed as Annexure A/2. He further submits that 3 the applicant’s wife is pregnant and her expected date of delivery is around 15.05.2026. There is no other family member available to take proper care of her during this crucial period and, therefore, the presence of the applicant is urgently required. In support thereof, copies of the sonography report and marriage card have been filed as Annexure A/3 (Colly.). It is also submitted that there is no cogent material available on record to directly connect the applicant with the alleged offence and that the prosecution case is yet to be established by reliable evidence. He further submits that the applicant has no previous criminal antecedents, the charge-sheet has been filed, he is in jail since 10.04.2026, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed before the competent Court. He further submits that the allegations against the applicant are serious in nature and involve misappropriation of money collected from customers of the complainant Bank. It is submitted that the applicant, while working as a Customer Service Officer/Collection Executive, was entrusted with the responsibility of collecting loan repayment amounts from customers, but instead of depositing the same with the Bank, he dishonestly retained and misappropriated the funds, thereby causing financial loss to the Bank and breaching the trust reposed in him. Merely because the applicant has subsequently deposited the alleged amount would not absolve him of his criminal liability, as the offence had already been 4 committed. Considering the nature and gravity of the allegations, the role attributed to the applicant, and the possibility of influencing witnesses or hampering the investigation, it is prayed that the applicant does not deserve the benefit of bail and the application is liable to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature of allegations, the submissions advanced by learned counsel for the parties, and the material available on record, and further the fact that the allegation against the applicant primarily relates to the non- deposit of certain loan repayment amounts collected from customers of the complainant Bank during the course of his employment. It is not in dispute that the applicant has subsequently deposited the entire alleged outstanding amount of Rs. 88,272/- with the complainant Bank and that the Bank has issued a receipt acknowledging that no dues remain outstanding against him. Thus, the alleged financial loss claimed by the complainant stands duly compensated and safeguarded. Further considering that the applicant is in jail since 10.04.2026, the charge-sheet has already been filed before the competent Court, he has no previous criminal antecedents, and the trial is likely to take considerable time for its conclusion. Therefore, without commenting upon the merits of the case and taking into consideration the overall facts and circumstances of the case, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this 5 case. 8. Accordingly, the bail application of the applicant is allowed. Let the applicant - Devendra Kumar, involved in Crime No. 802/2025 registered at Out Post - Manikpur, Police Station - Kotwali, District- Korba, (C.G.) for the offence punishable under Section 316(5) of of the Bharatiya Nyaya Sanhita, 2023, 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 6 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 Kunal