1 CGHC010281452026 2026:CGHC:31477 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6615 of 2026 Malik Ram Nayak S/o Late Shri Niranjan Nayak, Aged About 31 Years, R/o Rajpalpur, Police Station Basna, District- Mahasamund, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The SHO, Police Station - Bagbahara, District- Mahasamund, Chhattisgarh ... Non-Applicant For Applicant : Mr. Siddharth Pandey, Advocate. For Non-applicant/State : Mr. Sumit Singh, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/07/2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 87/2025 registered at Police Station - Bagbahara, District - Mahasamund (C.G.), for the offence punishable under Section 316 (5) of Bharatiya Nyaya Sanhita, 2023. 2. According to the prosecution case, on 29.03.2025, Vivek Kumar Yadav, Branch Manager of Annapurna Finance Pvt. Ltd., Bagbahara, lodged a written complaint alleging that the present applicant, who was employed with the said finance company, had collected loan instalments amounting to Rs. 3,57,839/- from various borrower groups but failed to deposit the same with the company. It is alleged that the applicant was working at the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.23 14:57:22 +0530 2 Bagbahara Branch of Annapurna Finance Pvt. Ltd. and was entrusted with the responsibility of collecting, handling, and safeguarding the branch's cash. During the course of routine verification of the cash and financial records, a substantial cash shortage was detected. Upon noticing the discrepancy, the Branch Manager allegedly attempted to contact the applicant; however, he could not be reached, thereby giving rise to suspicion regarding his involvement in the alleged misappropriation of the company's funds. It is further alleged that cash amounting to Rs. 7,29,004/-, which had been kept in the branch locker, was found missing, thereby giving rise to suspicion of criminal breach of trust. On the basis of the aforesaid allegations, FIR bearing Crime No. 87/2025 was registered against the present applicant for the offence punishable under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that and the charge-sheet has already been filed before the competent Court. He further submits that there is an unexplained delay in lodging the FIR. He also submits that the applicant is in judicial custody since 10.04.2026. He also submits that the applicant has no previous criminal antecedents and the conclusion of the trial is likely to take considerable time and, therefore, the applicant deserves to be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the charge-sheet has been filed and also endorse the fact that the applicant has no previous criminal antecedents. 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 and gravity of the offence, period of detention of the applicant since 3 10.04.2026, the fact that the charge-sheet has already been filed before the competent Court, the applicant has no previous criminal antecedents, and the conclusion of the trial is likely to take some time, this Court is inclined to allow the present application. 7. Accordingly, the bail application of the applicant is allowed. 8. Let the applicant – Malik Ram Nayak, involved in Crime No. 87/2025 registered at Police Station - Bagbahara, District - Mahasamund (C.G.), for the offence punishable under Section 316 (5) of 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 the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of 4 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 send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Preeti