[Cites 8, Cited by 0]
Chattisgarh High Court
Deepak Kumar Chouhan vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12533
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1355 of 2026
Deepak Kumar Chouhan S/o Shankarlal Chouhan Aged About 24 Years R/o
Village Gobarsingha, P.S. Baramkela, District Sarangarh-Bilaigarh
Chhattisgarh ... Applicant
VAIBHAV
SINGH
versus
Digitally signed by
VAIBHAV SINGH
Date: 2026.03.16
17:38:54 +0530
State Of Chhattisgarh Through Station House Officer, Police Station Pithora,
District Mahasamund Chhattisgarh ...Non-applicant
For Applicant : Mr. Chandrasen Chouhan, Advocate.
For Non-applicant/State : Ms. Anusha Naik, Dy. G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
16.03.2026
1.
This is the first 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.
57/2025 registered at Police Station - Pithora, District Mahasamund
(C.G.), for the offences punishable under Sections 420, 408, 409, 34
of the IPC.
2. The case of the prosecution, in brief, is that the complainant has
lodged a report to the concerned police Station, alleging that on the
date of incident, the accused persons have embezzled the amount of
Rs. 3,19,034/ of investors who have invested the such money at
Bharat financial Enkuljan Ltd. branch Pithora, in the name of finance
loan. Based upon such complaint made by the complainant, the police
has registered the case under section 420, 408, 409, 34 of I.P.C.
against the unknown persons and after the investigation, the police
has arrested the present applicant on the memorandum statement.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is
submitted that, as per the allegations, the applicant was working as a
Collection Manager at Bharat Financial Inclusion Ltd., Branch Pithora,
and had collected an amount of Rs. 62,767/- from the complainant for
the purpose of closing the loan account. Thereafter, the applicant
forwarded the receipt of the said amount to the Branch Manager and
completed the necessary formalities; however, due to his subsequent
transfer to another branch at Gharghoda, the entry of the said
transaction could not be made in the branch record. After his transfer,
the applicant was no longer responsible for making such entries and
the Branch Manager also failed to complete the formalities relating to
the closure entry in the records, due to which the applicant has been
falsely implicated in the present case. The applicant has neither
cheated nor committed any fraud with the complainant, nor has he
derived any personal benefit from the said amount. The allegations
made by the complainant are false, baseless and based on mere
suspicion, and the applicant has been wrongly arrested by the police
on the basis of such false and fabricated allegations, therefore, he
prays for grant of regular bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
of the present applicant.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the overall facts and circumstances of the case, the
nature and gravity of the allegations levelled against the applicant,
and further taking into account that the charge-sheet has already been
filed before the competent Court, that the applicant has no criminal
antecedents, and that the applicant has remained in jail since
30.11.2025, and considering that the conclusion of the trial is likely to
take some time, this Court is inclined to grant regular bail to the
present applicant.
7. Let the Applicant - Deepak Kumar Chouhan, involved in Crime No.
57/2025 registered at Police Station - Pithora, District Mahasamund
(C.G.), for the offences punishable under Sections 420, 408, 409, 34
of the IPC., be released on bail on his furnishing personal bond with
two local 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 his 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 Court
concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Vaibhav
