1 CGHC010284722026 2026:CGHC:32588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6829 of 2026 Manish Biswas S/o Late Sunil Vishwas Aged About 40 Years R/o Behind 40 Block Sector- 3 Sai Mandir, Shivanand Nagar, Khamhardih Tah. And Distt- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Vidhansabha, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sunil Otwani, Senior Advocate assisted by Mr. Prashant Dansena, Advocate. For Respondent(s) : Mr. Saumya Rai, Deputy Government Advocate For Objector(s) : Mr. Aayush Bhatia, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/07/2026 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. 121/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Vidhansabha, District- Raipur (C.G.) for the offence punishable under Sections 316(4), 338, 336(3), 340(2), 61(2) of BNS. 2. Case of the prosecution, in brief, is that the applicant/accused, Manish Vishwas, while working as Senior Manager (HR) of M/s Mouswarya Infrastructure Limited, allegedly abused his official position by preparing forged salary slips in the names of former employees and dishonestly diverted the salary amounts to his own account and the accounts of his family members, colleagues and associates, thereby misappropriating a total sum of Rs.3,38,34,846/- during the period from 2021 to 2026. During investigation, the applicant is alleged to have executed an affidavit and made a memorandum statement admitting his involvement in the fraud, the modus operandi adopted by him, and the utilisation of the misappropriated amount for personal expenses and purchase of movable assets. On the basis of the complaint, the present crime was registered and investigation is in progress. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the prosecution case rests substantially on documentary and electronic evidence, including salary records, bank statements, Excel sheets, cyber logs and other financial documents, all of which have already been seized and are in the custody of the investigating agency. The applicant further submits 3 that his role as Senior Manager (HR) was confined to human resources and administrative functions, whereas the company's financial affairs and banking operations were managed by a separate finance/accounts department, the alleged affidavit and memorandum statements were obtained under coercion, their voluntariness and evidentiary value being matters to be examined during trial. He also submits that the applicant has remained in judicial custody since 17.04.2026, the investigation has substantially progressed and the charge-sheet has been filed. As the prosecution case is based predominantly on documentary and electronic evidence already secured by the investigating agency, no further custodial interrogation is required. It is argued that there is no allegation of the applicant having tampered with evidence or influenced witnesses while in custody and, therefore, his continued incarceration would amount to pre-trial punishment and infringe his right to personal liberty guaranteed under Article 21 of the Constitution. He later submits that nine of the co-accused have already been granted anticipatory bail by this Court, Smt. Bandana Chaudhari in MCRCA No. 742/2026, Ghanshyam Agrawal in MCRCA No. 745/2026, Robin Kumar Agrawal in MCRCA No. 800/2026, Neelam Agrawal in MCRCA No. 800/2026, Kamlesh Sao in MCRCA No. 833/2026, Varsha Andani in MCRCA No. 937/2026, Neeru Vishwas in MCRCA No. 983/2026, Ram Narayan Sinha in MCRCA No. 1004/2026 and Bharti Soni in MCRCA No. 1061/2026 and two of the co-accused persons have 4 been granted regular bail by this Court, K. Vaijanti Reddy in MCRC No. 5125/2026 and Monika Sahu in MCRC No. 5377/2026. The applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 5. Learned counsel for the objector vehemently opposes the bail application and submits that the applicant while working as Senior Manager (HR) of M/s Mouswarya Infrastructure Limited, abused his official position by preparing forged salary slips in the names of former employees and fraudulently diverted salary amounts to his own bank account and the accounts of his family members, colleagues and associates, thereby allegedly misappropriating Rs.3,38,34,846/- during the period from 2021 to 2026. It is further alleged that he admitted his involvement through an affidavit and his memorandum statement, disclosed the modus operandi adopted by him, and stated that the misappropriated amount was utilised for personal expenses and purchase of movable assets. Therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, 5 nature and gravity of offence, period of detention of the applicant since 17.04.2026, the fact that though the applicant allegedly while serving as Senior Manager (HR) of M/s Mouswarya Infrastructure Limited, he abused his official position by preparing forged salary slips in the names of former employees and fraudulently diverting salary amounts to his own account and the accounts of his family members and associates, thereby allegedly misappropriating Rs.3,38,34,846/- from the company during the period from 2021 to 2026, but considering the fact that the applicant has no criminal antecedent and nine of the co-accused have already been granted anticipatory bail by this Court, Smt. Bandana Chaudhari in MCRCA No. 742/2026, Ghanshyam Agrawal in MCRCA No. 745/2026, Robin Kumar Agrawal in MCRCA No. 800/2026, Neelam Agrawal in MCRCA No. 800/2026, Kamlesh Sao in MCRCA No. 833/2026, Varsha Andani in MCRCA No. 937/2026, Neeru Vishwas in MCRCA No. 983/2026, Ram Narayan Sinha in MCRCA No.1004/2026 and Bharti Soni in MCRCA No. 1061/2026 and further two of the co-accused persons have been granted regular bail by this Court, K. Vaijanti Reddy in MCRC No. 5125/2026 and Monika Sahu in MCRC No. 5377/2026, the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 6 9. Let the Applicant-Manish Biswas, involved in Crime No. 121/2026 registered at Police Station Vidhansabha, District- Raipur (C.G.) for the offence punishable under Sections 316(4), 338, 336(3), 340(2), 61(2) of BNS, 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 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 7 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. 10. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of six months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 11. 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 Akhil