1 2025:CGHC:17153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2871 of 2025 Tejendra Kumar @ Chhotu S/o Kunjbihari Aged About 27 Years R/o Village Bodra, Police Station Kurud, District Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Kurud, District Dhamtari (C.G.) ---- Non-Applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. For Objector : Mr. Rajeev Shrivastava, Sr. Advocate (though V.C.) along with Mr. Rishabh Mishra, Mr. Anurag Mishra, Advocates. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2025 1. Proceedings of this case have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 237/2024 registered at Police Station – Kurud, District – Dhamtari (C.G.), for the offence punishable under Sections 406, 409, 420, 467, 468, 120(B) of the Indian Penal Code. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3. Case of the prosecution, in brief is that on 08/05/2024, a written report was submitted by the complainant Branch Manager HDFC Bank Kurud to the concerned police station alleging that earlier branch manager alongwith present applicant committed criminal breach of trust and withdraw the amount from the account of account holders and transfer the same in the account of family members or own account thereby they committed fraud with bank and misuse the amount tune of Rs. 1,84,04,151/-. Upon this report police registered the aforesaid offence and arrested the present applicant also. 4. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in the present case. He further submits that the applicant did not acted in a manner as it is alleged by the prosecution and the applicant has been implicated in this case on the basis of memorandum of co- accused. He further submits that the alleged amount was transferred by the account holders by cheque, fund transfer, RTGS, NEFT, IMPS, crdit card, which transferred cannot without obtaining any be written application and without without signature of the account holders and prosecution have not produce any handwriting expert with support of the case of prosecution, therefore alleged offences is not made out against the applicant. The applicant is aged about 27 years and he is not habitual offender and no offence is registered against him in any police station and he is languishing in jail since 17/07/2024 and charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some 3 time therefore he prays for grant of bail to the applicant. 5. Learned counsel appearing for the State/non-applicant as well as learned Sr. advocate along with other advocates appearing for the complainant vehemently opposes the bail application and submits that the present applicant is an agent of HDFC Bank and he along with his associate in connivance with the bank, misusing the bank property, committed criminal breach of trust with the bank and caused loss of public money, and have embezzled a total of Rs. 1,84,04,151/- (letters- one crore eighty four lakh four thousand one hundred fifty one rupees) from the accounts of 23 account holders of the bank till 07.05.2024 by withdrawing through credit card, fund transfer, cheque, NEFT, IMPS and other means and transferring the amount to their own and their family members' accounts and further considering the fact that the bail application of the co- accused namely Shrikant Tenneti, has already been rejected by this Court being MCRC No. 7087/2024, vide order dated 08.11.2024 and the case of the applicant is similar to that of co-accused. Hence, this bail application is liable to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that the present applicant is an agent of HDFC Bank and he along with his his associate Tejendra Sahu in connivance with the bank, misusing the bank property, committed criminal breach of trust with the bank and caused loss of public money, and have embezzled a total of Rs. 4 1,84,04,151/- (letters- one crore eighty four lakh four thousand one hundred fifty one rupees) from the accounts of 23 account holders of the bank till 07.05.2024 by withdrawing through credit card, fund transfer, cheque, NEFT, IMPS and other means and transferring the amount to their own their family members’ accounts and also considering the fact that the bail application of the co-accused namely Shrikant Tenneti, has already been rejected by this Court being MCRC No. 7087/2024, vide order dated 08.11.2024 and the case of the applicant is similar to that of co-accused, thus this Court is of the view that it is not a fit case to release the applicant on bail. 8. Accordingly, the bail application of the applicant – Tejendra Kumar @ Chhotu, filed under Section 483 of the BNSS, involved in Crime No. 237/2024 registered at Police Station – Kurud, District – Dhamtari (C.G.), for the offence punishable under Sections 406, 409, 420, 467, 468, 120(B) of the Indian Penal Code, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce 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 Kunal