1 2026:CGHC:4787 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10466 of 2025 • Harish Poya S/o Dharmuram Poya Aged About 28 Years R/o House No. 63, Gaura Chowk, Post Chinwati, Basanwahi, Police Station- Charama, Kanker District- Kanker, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through- Police Station- Pulgaon, District- Durg, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anmol Sharma, Advocate For Respondent/State : Mr. Soumya Rai, Dy.G.A. For Objector Mr. Shubham Dev Malik, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2026 1. The applicant has preferred this First 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. 546/2025, registered at Police Station – Pulgaon, District - Durg (C.G.) for the offence punishable under Sections 420, 409 and 120B of the IPC. 2. The case of the prosecution, that complainant Mohit Deshmukh who is a Divisional Manager of ESAF Small Finance Bank lodged a written compliant on 09.11.2025 stating that during the period of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.29 18:13:39 +0530 2 24.05.2024- 24.06.2024 the present applicant and other 9 co- accused persons who were working as recovery agent in the bank and they were duty bound to deposit the recovered amount with the bank, which they did not deposit in the bank and the amount as alleged against the present applicant is to the tune of Rs. 308371/- among other accused persons and all together there is total embezzlement of Rs. 84, 98, 940/-. On the basis of written complaint by the complainant regarding the said matter, a case under crime number 546/2025 under section 420, 409 & 120-B of IPC, was registered by police against the present applicant and other accused persons. That the present applicant was arrested by the police authorities on 12.11.2025 and sent him to judicial custody. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that co-accused has already been granted bail by this Court in MCRC No.9839 of 2025 vide order dated 03.12.2025 and the charge-sheet has been filed in this case. The applicant is in jail since 12.11.2025 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 as well learned counsel for the Objector 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 3 fact that co-accused has already been granted bail by this Court in MCRC No.9839 of 2025 vide order dated 03.12.2025 and the applicant has no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 12.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Harish Poya, involved in Crime No.546/2025, registered at Police Station – Pulgaon, District - Durg (C.G.) for the offence punishable under Sections 420, 409 and 120B of the 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 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 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 send a certified copy of this order to the trial 4 Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali