1 2026:CGHC:2493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 556 of 2026 • Omprakash Kosare, S/o Mulchand Kosare, Aged About 21 Years, R/o Ward No. 07, Near School Para, Nawagaon, Police Station Gunderdehi, District Balod, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh, Through The District Magistrate Durg, District Durg, Chhattisgarh. ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Jitendra Gupta, Advocate. For State/Non-applicant : Ms. Anusha Nayak, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.546/2025 registered at Police Station Pulgaon, District Durg (C.G.) for the offence punishable under Sections 420, 409, 120-B of IPC. 2. The case of the prosecution, is that the applicant is working as money recovery agent in ASAF Small Finance Bank, and he is duty bound to deposit the recovered amount with the bank, which he did and deposit to Bank Manager, and the amount as alleged against the applicant is Rs.1,04,744/- among other accused and all together and there is total embezzlement of Rs.84,98,940/-, thus ultimately the instant F.I.R. was DEEPTI JHA Digitally signed by DEEPTI JHA 2 lodged. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in crime in question. There is no criminal antecedents registered against the present applicant and charge-sheet has not been filed in the present case. It is further submitted that co-accused namely Reshma Verma has already been granted bail by this Court in MCRC No.9839/2025 vide order dated 03.12.2025. The applicant is in jail since 10.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused has already been granted bail by this Court and there is no any criminal antecedents registered against the present applicant, and the applicant is in jail since 10.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Omprakash Kosare, involved in Crime No.546/2025 registered at Police Station Pulgaon, District Durg (C.G.) for the offence punishable under Sections 420, 409, 120-B of IPC, be 3 released on bail on furnishing 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 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. 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