1 2025:CGHC:3727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 564 of 2025 Narendra Kumar Sahu S/o Ramadhar Aged About 30 Years R/o Village Kuwanmalgi, Thana Pandariya, District Kabirdham (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Malkharoda, District Sakti (C.G.) ... Non-Applicant For Applicant : Mr. Alok Kumar Dewangan, Advocate. For Non-Applicant : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.01.2025 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. 279/2024 registered at Police Station Malkharoda, District Sakti (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340 and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the Chief Manager (Administration) of S.B.I., Regional Business OfÏce, Korba, District Korba, C.G., lodged a report stating that on 27/09/2024, the Field RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.23 16:24:26 +0530 2 OfÏcer of Dabra Branch, Shri Chandrashekhar Bodra, informed that the State Bank of India Branch in Village Chhapora had been operating since 18/09/2024. During the preliminary investigation, it was discovered that six individuals were working at the said bank. Upon inquiry, it was revealed that they had received appointment letters from various persons after paying money for the promise of a job, without undergoing any competitive examination. Their recruitment was done through direct appointments, which were found to be fraudulent. It was alleged that Pankaj, Rekha Sahu, Mandir Das, Anil Bhaskar, Subhadra Mahant, and others committed fraud by taking money under the pretense of providing jobs in the State Bank of India. They accomplished this by making false statements, issuing fake joining letters, and opening a fake bank branch. Based on the report, the aforementioned offenses were registered, and an investigation was initiated. During the investigation, on the basis of the victim’s statement and the statement of a witness, Pintu Maravi, the suspected accused, Anil Bhaskar (S/o Rambharos Bhaskar), was traced. It was found that he had received Rs. 1,00,000/- from Pintu Maravi through a UPI transaction. Upon apprehension, Anil Bhaskar confessed in his memorandum statement that he had opened a fake SBI Bank branch in Chhapora and planned to cheat people. He admitted to taking Rs. 1,00,000/- from the victim, Pintu Maravi, and a total of Rs. 6,60,000/- from other individuals under the pretext of providing jobs in the bank. He further disclosed that he gave Rs. 4,00,000/- to his partner, Narendra Manhar, and used the remaining amount to 3 purchase a car and a Vivo mobile phone. The present applicant, Narendra Sahu, has been falsely implicated in the case and has no connection with the accused persons or the victim. It is claimed that his bank account was misused by Smt. Rekha Sahu without his knowledge. Allegedly, Smt. Rekha Sahu instructed Pintu Maravi to deposit Rs. 50,000/- into the applicant’s account without informing the applicant. Subsequently, Smt. Rekha Sahu told the applicant that the amount had been mistakenly transferred to his account and requested him to return it to her account immediately. Since Rs. 50,000/- was deposited into the applicant’s account by Pintu Maravi at the direction of Smt. Rekha Sahu, without the applicant’s knowledge, he has been wrongfully implicated in this case along with Smt. Rekha Sahu, Subhadra Mahant, Naresh Manhar, Heera Diwaker @ Kunal Diwaker, Pankaj Tandon, Meelan Sahu, Mandir Das, and Anil Bhaskar, who are the actual perpetrators of the alleged crime. Based on the report of the Chief Manager (Administration), S.B.I., offenses under Sections 318(4), 338, 336(3), 340, and 3(5) of the B.N.S. Act were registered against the applicant. Subsequently, the police arrested the applicant on 23/10/2024 and sent him to jail. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in case by the police. He further submits that the applicant is 30 years old young manand sole earning member of the family having old mother and father, one minor daughter and wife. He further submits that Smt. Rekha Sahu is the sister of present applicant who was involved in the alleged 4 commission of offence, but was not in the knowledge of the applicant and other family members and being sister of the applicant she was knowing the account number of the present applicant. On 31/07/2024 Smt. Rekha Sahu asked the applicant that due to mistake, certain amount of her client has been deposited in his account and he should immediately transfer the amount in her account. Without knowing what was transpiring between them, applicant innocently transferred the amount in the account of Smt. Rekha Sahu on same day i.e. on 31/07/2024. He further submits that only because some unknown person has deposited Rs 50,000/- in Applicant's account number 35808976327 on 31/07/2024, at the instance of Smt. Rekha Sahu and thereafter on same day Smt Rekha Sahu asked the applicant to transfer the amount of Rs 50000/- which was by mistake deposited in his account by her client, thereafter the applicant through UPI immediately transferred the amount of Rs 50000/- in the Account of Smt. Rekha Sahu, the applicant has been dragged in the instant case because his account number was used by Smt. Rekha Sahu to commit alleged crime. He further submits that the present applicant has no previous criminal antecedent. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the present applicant along with other co-accused had opened a fake SBI Bank branch in Chhapora and planned to cheat people 5 and taken Rs. 1,00,000/- from the victim, Pintu Maravi, and a total of Rs. 6,60,000/- from other persons under the pretext of providing jobs in the bank, therefore, the applicant is not entitled for grant of bail. 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 23.10.2024, the fact that only because some unknown person has deposited Rs 50,000/- in Applicant's account number 35808976327 on 31/07/2024, at the instance of Smt. Rekha Sahu and thereafter on same day Smt Rekha Sahu asked the applicant to transfer the amount of Rs 50000/- which was by mistake deposited in his account by her client, thereafter the applicant through UPI immediately transferred the amount of Rs 50000/- in the Account of Smt. Rekha Sahu, the applicant has been dragged in the instant case because his account number was used by Smt. Rekha Sahu to commit alleged crime, further the applicant has no criminal antecedent and 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- Narendra Kumar Sahu, involved in Crime No. 279/2024 registered at Police Station Malkharoda, District Sakti (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340 and 3(5) of Bharatiya Nyaya Sanhita, be released on bail on their furnishing a personal bond with two sureties in the 6 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 sufÏcient cause, the trial court may proceed against him 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan