1 CGHC010290072026 2026:CGHC:32935 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No. 6923 of 2026 Manikchand Yadav S/o Ganeshwar Yadav Aged About 29 Years R/o Village- Chatasarai Police Station Bagbahar District Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Bagbahar, Jashpur District Jashpur (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Mr. Ashish Gupta, Advocate. For Non-applicant/State :Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.73/2024 registered at Police Station Bagbahar, Jashpur, District Jashpur (C.G.), for the offences under Sections 409 and 420 IPC. SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.31 11:11:05 +0530 2 2. The prosecution case, in brief, is that a complaint was filed by Nitesh Kumar Naidu, Authorized Regional Collection Manager of L&T Financial Services, Raigarh Branch, before the learned Judicial Magistrate First Class, Pathalgaon, seeking registration of an offence against the Applicant. It is alleged that the Applicant, who was appointed as a Collection Executive by the company for recovery of loan installments, during the period from September 2021 to March 2023, collected EMI amounts from 68 loan customers either by issuing receipts or without receipts, but failed to deposit the entire amount in the company's account and instead, issued forged receipts bearing his signatures. It is alleged that the Applicant misappropriated a total sum of Rs.30,60,020/- for his personal gain based on which, the aforesaid offences were registered against him. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that during the period from March, 2019 to April, 2023, the Applicant was working as a Collection Executive with L&T Finance Limited, Jashpur Branch and used to collect EMI amounts from the customers and deposit the same with the Company. It is submitted that the Applicant never misappropriated any amount nor issued any forged 3 receipt and after his termination from service on 20.04.2023, he never collected any EMI from any customer. It is further submitted that the complaint has been lodged after an unexplained delay of about one year from the alleged period of occurrence. He further submitted that another criminal case arising out of the same set of facts, bearing Crime No.173/2023, was registered against the Applicant at PS Bagbahar, District Jashpur for the offences punishable under Sections 420, 409, 467 and 468 of the IPC and Section 3(2) (v) of the SC/ST Act, in which the Applicant has already been enlarged on bail by the co-ordinate Bench vide order dated 03.07.2026 passed in CRA No.1481/2026, so far as the present case is concerned, the Applicant is in jail since 16.12.2025 and the copy of the charge-sheet has been produced before this Court. It is also submitted that the offences are triable by the learned JMFC and as the trial is likely to take considerable time for its conclusion, the Applicant may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the application and submits that charge-sheet has been filed. 5. Considering the submissions advanced by learned Counsel for the parties, perusal of the case diary, the nature of allegations, the fact that the Applicant was working as a 4 Collection Executive with L&T Finance Limited and the defence taken by him that he was collecting EMI amounts from customers in discharge of his official duties, the fact that another criminal case arising out of the same set of facts has been registered against the Applicant in which he has already been enlarged on bail by the co-ordinate Bench vide order dated 03.07.2026 passed in CRA No.1481/2026, the fact that the charge-sheet has already been filed, the Applicant is in judicial custody since 16.12.2025 and the trial is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Let Applicant-Manikchand Yadav involved in Crime No. 73/2024 registered at Police Station Bagbahar, Jashpur, District Jashpur (C.G.), for the offences under Sections 409 and 420 IPC 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/s shall file an undertaking to the effect that he/they 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 5 with law. (ii) The applicant/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya