1 2025:CGHC:43699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6789 of 2025 Kheman Lal Kanwar S/o Shri Jumman Lal Kanwar Aged About 40 Years R/o Vill- Aasara, Post- Pode Panduka, Dist- Gariyaband (C.G.) Permanent Address- Tumgaon, District- Mahasamund (C.G.) (At Present - Clerk, Indian Overseas Bank, Branch- Rajim, District- Gariyaband (C.G.) ... Applicant versus State of Chhattisgarh Through Economic Offences Wing/ Anti-Corruption Bureau, Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Ms. Reena Singh, Advocate For Non-applicant/State : Dr. Saurabh K. Pande, Deputy A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.08.2025 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. 01/2023 registered at Police Station Economic Offences Wing/ Anti-Corruption Bureau, Raipur, District Raipur (C.G.) for the offence punishable under Section 13(1)(a) of the Prevention of Corruption Act and Sections 409, 467, 468, 471, 120-B and 201 of the Indian Penal Code. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. Case of the prosecution, in brief, is that the FIR was lodged on 15.02.2023 at the instance of Anil Kumar Valecha, Senior Regional Manager, Indian Overseas Bank, Regional Office Raipur, alleging that Ankita Panigrahi, Assistant Manager, Branch Manager Sunil Kumar, Clerk/Cashier Yogesh Patel and the present applicant Kheman Lal Kanwar had misappropriated the money of account holders, it is alleged that between 02.12.2022 to 09.02.2023 the Branch Manager sanctioned 25 fictitious jewel loans without any documents, vouchers, security or requests of customers for personal benefit, that fixed deposits of three savings account holders were closed and the amounts transferred through RTGS to the account of Ankita Panigrahi, and that funds from eleven savings account holders were also transferred without their consent to her account, thereby causing a total loss to the Bank amounting to Rs.1,65,44,000/-. This act of criminal breach of trust was committed by the accused in a criminal conspiracy, while misusing their official duties and login credentials through the Finacle banking software on the bank's computer system. Following verification of the complaint, FIR No. 01/2023 was registered against Ms. Ankita Panigrahi and others under Section 13(1)(A) of the Prevention of Corruption Act, 1988 (as amended in 2018) and Section 409 IPC, and the case was taken up for investigation. 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 similarly situated co-accused persons, namely, Yogesh Patel and Sunil Kumar have already been 3 granted bail by this Court vide orders dated 23.07.2025 and 08.08.2025 in MCRC Nos. 5497/2025 and 6277/2025 respectively. The applicant is in jail since 21.04.2025, the 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 on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 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 21.04.2025, the fact that applicant along with other co- accused persons misappropriated the money of account holders, between 02.12.2022 to 09.02.2023 the Branch Manager sanctioned 25 fictitious jewel loans without any documents, vouchers, security or requests of customers for personal benefit, that fixed deposits of three savings account holders were closed and the amounts transferred through RTGS to the account of Ankita Panigrahi, and that funds from eleven savings account holders were also transferred without their consent to her account, thereby causing a total loss to the Bank amounting to Rs.1,65,44,000/-, but other of the co-accused persons, namely, Yogesh Patel and Sunil Kumar have already been granted bail by this Court vide orders dated 4 23.07.2025 and 08.08.2025 in MCRC Nos. 5497/2025 and 6277/2025 respectively and the case of present applicant is identical to that of the co-accused persons, further the 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. 7. Let the Applicant- Kheman Lal Kanwar, involved in Crime No. 01/2023 registered at Police Station Economic Offences Wing/ Anti- Corruption Bureau, Raipur, District Raipur (C.G.) for the offence punishable under Section 13(1)(a) of the Prevention of Corruption Act and Sections 409, 467, 468, 471, 120-B and 201 of the Indian Penal Code, 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 sufficient cause, the trial court may proceed against him under Section 269 of 5 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 Rahul Dewangan