1 2026:CGHC:14307 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2462 of 2026 1 - Manish Rao Kadam S/o Late Ghanshyam Rao Kadam Aged About 45 Years R/o C-513, Avinash Capital Homes-2 Saddu Sardhoo Raipur District- Raipur (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through- Station House Officer Police Station Moudhapara District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Sanjay Agrawal, Advocate For Non-Applicant : Ms. Anuja Sharma, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 25/03/2026 1. This is the first bail application is filed by the applicant 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. 22/2021 registered at Police Station – Moudhapara, District – Raipur, Chhattisgarh for the offences punishable under Sections 419, 420 & 34 of the Bharatiya Nyaya Sanhita, 2023. 2. Case of prosecution is that, one Ajay Kumar Yadav has lodged report in the concerned police station on 05.02.2021 alleging that the applicant who is known to him has appraoched him and informed that if he opens account in Indulsnd Bank, he will be given more interest on the deposits and after convicing him, he took his signatures in the forms for opening 2 his bank account and accoringly, the bank account was opened. He sumbits that after sometime, complainant received a notice from the Enforcement Department and he came to know about the fact that from the said bank account, transactions have been done, however, the account was not operated by him. 3. Complainant further came to know that from his bank account, international transactions were also made, however, he has not operated his account from the date of its opening. Based on the complaint made by the complainant, F.I.R. was registered and upon investigation, the applicant was arrested on 14.12.2025. 4. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He contended that in the year 2012, he was working as Assistant Manager of the concerned bank at Krishna Complex, Kacheri Chowk, Branch – Raipur, District - Raipur. He contended that in the charge-sheet, no other document is available to suggest that the applicant at any point of time has absconded. However, the applicant was arrrested only on 14.12.2025. Charge-sheet has been filed, there is no requirement of the applicant for his further interrogation, trial may take sometime. Hence, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that according to the material collected in the investigation and the contents of the complaint, it is specifically mentioned that the applicant approached the complainant, took his signatures on the documents/form for opening the bank account and thereafter, multiple suspicious transactions have taken place in the account opened in the name of Kanhaiya Sales which is showing the name of the Proprietor as Manish Rao Kadam (complainant). The allegation against the applicant is that he has opened the forged account 3 and have used the account for illegal means. She however do not dispute the submission of counsel for applicant that the charge-sheet has been filed after investigation. 6. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, material available in the charge-sheet, period of pre-trial detention suffered by the applicant, documents enclosed along with the bail application, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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. (d) 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 4 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/-Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY