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2025 DAILYLAW 31998 (CHH)

ARUN CHANDRAKAR v. STATE OF CHHATTISGARH

MCRCA/1001/2025 · 2025-07-09

body2025

Judgment text

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1 2025:CGHC:32070 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1001 of 2025 Arun Chandrakar S/o Shri Ramu Chandrakar Aged About 35 Years R/o Ward No. 05 Mahli, Police Station And Tahsil Kunda, District Kabirdham (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through District Magistrate, Sarangarh-Bilaigarh, District Sarangarh-Bilaigarh (C.G.) ---- Non-applicant(s) For Applicant :Mr. Santosh Bharat, Advocate. For Non-Applicant /State :Mr. Jitendra Shrivastava, Govt. Adv. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 10/07/2025 1. The applicant has preferred this application under Section 482 of BNSS for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.53/2025, registered at Police Station – Baramkela, District – Sarangarh-Bilaigarh (C.G.) for alleged commission of offence punishable under Section 3(5), 316(5), 318(4), 336(3), 338, 340(2) of Bhartiya Nyaya Sanhita, 2023. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. As per the case of the prosecution in brief is that the Police of Police Station Baramkela registered a case against D.R. Baghmare, Aashish Patel, Ramakant Shrivas, Likesh Bairagi, Sushri Minakshi Manjhi, Khirdas Mahant, Balkrishna Karsh and applicant Arun Chandrakar with the intent that all the individuals, while being regular officers/employees of the Chhattisgarh Rajya Sahakari Bank Maryadit, Barmakela Branch, have, in a well-planned and fraudulent manner, embezzled a total amount of ₹9,91,20,877.69/- belonging to the cooperative societies and the bank. Further, prima facie, it has been revealed that irregular and suspicious transactions, as well as cash withdrawals, were made from the DMR accounts in the Chhattisgarh Rajya Sahakari Bank Maryadit, Barmakela Branch. Additionally, the KCC (Kisan Credit Card) accounts of the societies were unauthorizedly transferred in others’ names, and through IMPS transactions, funds were misappropriated and embezzled. The prosecution has submitted that, prima facie, during the investigation conducted by the bank’s internal inquiry team, it was found that the withdrawals were not made by the farmers themselves, and fake signatures of the farmers were fraudulently inscribed on the vouchers by the present applicant, Arun Chandrakar, using a stamp or guard. On the basis of such report lodged by the complainant the concerned police station investigated the matter and registered the crime for an offence u/s 3(5), 316(5), 318(4)336(3),338,340(2) of Bharatiya Nyay Sanhita 2023) of Bharatiya Nyay Sanhita 2023 against the applicant and others. 3 3. Learned counsel for the applicant submits that the applicant was working in the said C.G. Rajya Sahkari Bank Maryadit Baramkela and the applicant has not made any false signature upon Voucher and the applicant has been implicated in a false case and applicant has not involved in such type of crime. He further submits that the applicant is a reputed person in the society and if he will send the jail custody his career will be ruined and the same cannot be compensated. The concerned police has implicated in a false case only on the basis of suspicion and made a false case against the present applicant and further the applicant has no previous criminal antecedent. Accordingly, he prays for grant of anticipatory bail. 4. On the other hand, learned State counsel appearing for the Non- applicant opposes the prayer for grant of anticipatory bail and submits that prima facie, an FIR has been registered against the applicant, Arun Chandrakar. The investigation so far suggests a serious financial crime involving the systematic misuse of the login credentials (IDs) of the Barmakela Branch, wherein a total of 887 KCC (large and small) accounts of cooperative society members were transferred in the names of others, and DMR cash/kind accounts were nullified. Through this process, a total amount of ₹9,91,20,877.69 was embezzled. The role and responsibilities of each bank officer/employee are under investigation. Accordingly, the present applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the impugned order passed by the trial Court. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that the present applicant along with other accused, who were officers/employees of the Chhattisgarh Rajya Sahakari Bank Maryadit, Barmakela Branch, allegedly engaged in a well- planned and fraudulent scheme, resulting in the embezzlement of a substantial amount of ₹9,91,20,877.69/- belonging to cooperative societies and the bank and further considering the fact that the anticipatory bail application of the co-accused namely Likesh Kumar Bairagi has already been rejected by this Court in MCRCA No. 928/2025, vide order dated 27.06.2025, given the gravity of the offence and the large-scale financial irregularities involved, granting bail to the present applicant would not be justified. 7. 7. Accordingly, the Anticipatory Bail application of the applicant – Arun Chandrakar, filed under Section 482 of BNSS, involved in Crime No.53/2025, registered at Police Station –Baramkela, District– Sarangarh-Bilaigarh (C.G.) for alleged commission of offence punishable under Section 3(5), 316(5), 318(4), 336(3), 338, 340(2) of Bhartiya Nyaya Sanhita, 2023., is rejected. Sd/- (Ramesh Sinha) Chief Justice Kunal