Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:10576
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1739 of 2025 Kumar Bogi S/o Jagannadham Bogi Aged About 35 Years R/o Near Rammandir Pedamariki Police Station / Tahsil Parwatipuram District - Parwatipuram Manyam Andrapradesh.
... Applicant versus State of Chhattisgarh Through The Station House OfÏcer Police Station Saraipali District - Mahasamund (C.G.)
... Non-applicant For Applicant : Mr. Shikhar Sharma, Advocate For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy G.A. Hon'ble
Shri
Ramesh Sinha, Chief Justice
Order On Board 04.03.2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 298/2024, registered at Police Station- Saraipali District - Mahasamund, (C.G.) for the offence punishable under Section 316(5) of Bhartiya Nyay Sanhita.
2. The prosecution story in brief, is that the complainant, Dharmendra Pradhan, who is a Relationship Manager at ICICI Bank, Saraipali, filed a complaint stating that the accused/applicant, Kumar Bogi, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 has been working as a Rejoined Manager at the same bank since May 2024. On 19.11.2024, during the evening closing, the locker balance was calculated and found to be Rs. 1,05,26,131/-. The locker keys were secured by the complainant and co-employee Dhirendra Pratap, after which the locker was locked. However, on 20.11.2024, at around 6:00 PM, when the cash in the locker was rechecked, Rs. 55,00,000/- was found missing. Upon reviewing the CCTV footage, it was discovered that on 19.11.2024, at approximately 4:30 PM, the applicant took the said amount from the locker, placed it in two bags, and left the bank. Based on this, a complaint was filed against the present applicant, and an offence was registered accordingly.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above, he has been arrested only on the basis of suspicious. He further submits that the evidence collected by the prosecution are also not prima facie sufÏcient to hold the applicant guilty of the aforesaid offences. He further submits that the applicant was posted as Relationship Manager in the ICICI Bank, Branch Saraipali and along with him, there are so many other persons, who are posted in the said Bank and the applicant has only performed the works w2hich have been allocated to him honestly and sincerely and have not done anything for which he has been implicated in the present case. He further submits that the applicant is in jail since
3 24.12.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the present applicant has committed theft of cash amount totaling Rs. 55,00,000/- from the ICICI Bank, Branch Saraipali, the same was showing in the CCTV footage, therefore, he is entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the accused/applicant, Kumar Bogi, has been working as a Rejoined Manager at the ICICI bank since May 2024, on 19.11.2024, during the evening closing, the locker balance was calculated and found to be Rs. 1,05,26,131/-, the locker keys were secured by the complainant and co-employee Dhirendra Pratap, after which the locker was locked, however, on 20.11.2024, at around 6:00 PM, when the cash in the locker was rechecked, Rs.
55,00,000/- was found missing, upon reviewing the CCTV footage, it was discovered that on 19.11.2024, at approximately 4:30 PM, the applicant took the said amount from the locker, placed it in two bags, and left the bank, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Kumar Bogi, involved in Crime No. 298/2024, registered at Police Station- Saraipali District -
4 Mahasamund, (C.G.) for the offence punishable under Section 316(5) of Bhartiya Nyay Sanhita, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Rahul Dewangan