Order on Board

ABHISHEK SHRIVAS

15.01.2025 Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.16 12:14:07 +0530

1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 293/2024 registered at Police Station – Champa, District – Janjgir - Champa (C.G.), for the offence punishable under Sections 408 and

409 of the Indian Penal Code.

2. The earlier bail application of the applicant being MCRC No. 8947 of 2024 was dismissed as withdrawn vide order dated 02.01.2025 with liberty to file a fresh bail application after passing of the order of the trial Court for offence under Seection 409 of the Indian Penal Code.

3. According to the prosecution's story, on July 20, 2024, a report was lodged by the complainant, Sunil Sahu, Area Manager of Arohan Finance Service Company Limited, situated at Janjgir-Champa, at the Champa Police Station, District Janjgir-Champa. The complaint alleged that between October 1, 2023, and January 30, 2024, the applicant failed to deposit Rs. 10,73,995/- collected from customers by the company's field workers, into the company's bank account, thereby breaching the trust placed in him. Based on this complaint, an offense was registered against the applicant, and the investigation is nearly complete. The applicant was arrested on December 2, 2024, in connection with this offense. The prosecution has filed a final report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offenses punishable under Sections 408 and 409 of the Indian Penal Code, 1860 (Sections 316 and 317 of the BNSS).

4. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in the present case. He submits that the loan amount was collected from customers by field workers Upendra Soni, Ved Prakash, Durgesh Sahu, and Vaishali Kewat. However, these individuals failed to deposit the collected funds into the bank. He submits that the applicant was arrested solely based on his position as Branch Manager of the Company, despite not being responsible for the breach of trust. He further submits that the field workers had already deposited the collected amount of Rs. 5,97,155/- (Rs. 5,00,000/- on December 31, 2023, at 15:36 hours, and Rs. 97,155 on December 31, 2023, at 15:46 hours) into the bank account through the concerned choice centers in Janjgir, District Janjgir-Champa. This deposit occurred prior to the registration of the FIR against the present applicant. He also submits that the applicant is in jail since 02.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant.

5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case.

6. I have heard learned counsel for the parties and perused the case diary.

7. Taking into consideration the facts and circumstances of the case and the fact that the field workers had already deposited the collected amount of Rs. 5,97,155/- (Rs. 5,00,000/- on December 31, 2023, at 15:36 hours, and Rs. 97,155 on December 31, 2023, at 15:46 hours) into the bank account through the concerned choice centers in Janjgir, District Janjgir-Champa. This deposit occurred prior to the registration of the FIR against the present applicant. Moreover, the charge-sheet has already been submitted before the competent Court and he is in jail since 02.12.2024, conclusion of the trial may take some more time therefore, this Court is of the view that the applicant is entitled to be released on bail.

8. The Second Bail Application of the Applicant – Tikendra Manhare involved in Crime No. 293/2024 registered at Police Station – Champa, District – Janjgir -Champa (C.G.), for the offence punishable under Sections 408 and 409 of the Indi