Nafr High Court
Case Details
1 2025:CGHC:35460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5755 of 2025 Amit Agrawal S/o Shri Jugal Kishore Agrawal Aged About 24 Years R/o Avinash Ashiyana, Block - F - 505, Police Station Kabir Nagar Raipur District- Raipur (C.G.) versus ... Applicant(s) State Of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar Raipur, District - Raipur (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Ms. Fouzia Mirza, Senior Advocate assisted by Mr. Ali Afzaal Mirza, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 02/2025 registered at Police Station Saraswati Nagar Raipur, District - Raipur (C.G.) for the offence punishable under Sections 408, 34 of Indian Penal Code (for short 2 ‘IPC’). 2. Case of the prosecution, in brief, is that the applicant/accused, Amit Agrawal, was working as an employee of M/s Kailash Agrawal, Raipur, for the past 5-6 years. He allegedly abused his position and placed purchase orders on behalf of the firm without the firm's knowledge, and instead of delivering the materials to the construction site, he received and sold them in the market without making any payment to the concerned institutions. The applicant/accused, in collusion with other co-accused individuals, created a fake institution in the name of Aman Dhedar and generated fake bills. They transferred an initial amount to Aman Dhedar's bank account and placed orders for iron, sand, cement, and other construction materials worth approximately Rs. 1.05 crores. The applicant/accused and co-accused individuals allegedly earned illegal profits over the past 2-3 years, causing financial losses to the firm, which led to the registration of aforesaid offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that one of the identically situated co-accused, namely, Aman Agrawal has already been granted bail by this Court vide order dated 16.06.2025 in MCRC No.4480 of 2025. The applicant is in jail since 09.03.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant in collusion with other co-accused persons created a fake institution in the name of Aman Dhedar and generated fake bill, they transferred an initial amount to Aman Dhedar's bank account and placed orders for iron, sand, cement, and other construction materials worth approximately Rs. 1.05 crores and thereby, applicant/accused and co-accused individuals allegedly earned illegal profits over the past 2-3 years, causing financial losses to the firm, therefore, present applicant is not entitled for grant of bail. 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 and gravity of offence, period of detention of the applicant since 09.03.2025, though the applicant allegedly in collusion with other co-accused persons created a fake institution in the name of Aman Dhedar and generated fake bill, they transferred an initial amount to Aman Dhedar's bank account and placed orders for iron, sand, cement, and other construction materials worth approximately Rs. 1.05 crores and thereby, applicant/accused and co-accused individuals allegedly earned illegal profits over the past 2-3 years, causing financial losses to the firm, but one of the co-accused persons, namely, Aman Agrawal has already been granted bail by this Court vide order dated 16.06.2025 in MCRC No.4480 of 2025 and the case of present applicant is identical to that of the 4 aforementioned co-accused, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, the application is allowed. 7. Let the Applicant-Amit Agrawal, involved in Crime No. 02/2025 registered at Police Station Saraswati Nagar Raipur, District - Raipur (C.G.) for the offence punishable under Sections 408, 34 of 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 sufÏcient 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, 5 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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil