1 2026:CGHC:4440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 888 of 2026 1 - Monesh Ahirwar S/o Shri Dayaluram Ahirwar Aged About 21 Years R/o Village Mudhiya, Mohra, Police Station Dongargarh, District- Rajnandgaon (C.G.) 2 - Abhishek Nath Yogi S/o Shri Devnath Yogi, Aged About 23 Years R/o Village And Post Gaindatola Tahsil Chhuriya District- Rajnandgaon (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Mohla, District- Mohla- Manpur- Ambagarh Chowki (C.G.) ... Respondent For Applicants : Shri Rajendra Patel, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2026 1. This is the first bail application filed under Section 483 of the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.28 18:29:21 +0530 2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.28/2025 registered at Police Station Mohla, Distt- Mohla-Manpur-Ambagarh Chowki (C.G.) for the offence punishable under Sections 409, 420/34 of IPC. 2. Case of the prosecution, in brief, is that complainant Harshal Umbarkar working as Manager at Bharat Finance inclusion lodged the written report at the police station Mohla, District Mohla Manpur Ambagarh Chowki (C.G.) that applicants working at Bharat Finance Inclusion Limited, a company in Mohla. The above-mentioned Sangam Manager's job was to go to the field, collect loans from women's group beneficiaries, distribute loans, and recruit new members. For this, they were duly trained and was continuously working in the field. During their work, the applicants defrauded the beneficiaries by collecting loans from them and not depositing them in the company. In this regard, an audit was conducted by the company, in which co-accused Yuvraj Devhare recovered loans of Rs. 7,08,501/- from 39 beneficiaries, Abhishek Nath Yogi recovered loans of Rs. 2,05,186/- from 15 beneficiaries and Monesh Ahirwar recovered loans of Rs. 5,05,871/-from 31 beneficiaries, out of which fraud of approximately Rs. 2,00,000/- was committed by not depositing it in the company. On the basis of the statements of witnesses and documents attached in the charge sheet, it is prima facie shown that applicants did not deposit the money in the bank after 3 receiving it from the beneficiaries. On the basis of said report arrested the applicants for the alleged commission of offence. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case and the applicants were authorized employees of Bharat Finance Inclusion Limited, entrusted only with collection of instalments in the course of employment. It is further submitted that the applicants, being field staff/Sangam Managers, were neither custodians of company funds nor had exclusive dominion over the alleged amount; hence, the ingredients of Section 409 IPC are not made out. He would submit that while instalments are alleged to be collected weekly, the beneficiaries’ own statements disclose payment of entire loan amounts in one lump sum, which is contrary to the micro-finance scheme and seriously undermines the prosecution story. He would submit that no recovery of money or incriminating material has been effected from the applicants. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 11/11/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicants have no criminal antecedents. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants, period of detention of the applicants since 11/11/2025, charge sheet has been filed, applicants have no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Monesh Ahirwar & Abhishek Nath Yogi, involved in Crime No.28/2025 registered at Police Station Mohla, Distt- Mohla-Manpur-Ambagarh Chowki (C.G.) for the offence punishable under Sections 409, 420/34 of IPC, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that tney 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 applicants shall remain present before the trial court 5 on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants 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 them in accordance with law. 8. 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 gouri