1 2025:CGHC:50964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6797 of 2025 Smt. Sushma Ekka Soni W/o Shri Ashok Soni, Aged About 54 Years R/o Village Bachwar, PS- Shankargarh, Distt. Balrampur-Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Kusmi, Distt. Balrampur Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Vivek Kumar Shrivastava, Advocate. For Non-applicant/State : Mr. Shashank Thakur, Dy. Adv. General along with Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.10.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 39/2025 registered at Police Station Kusmi, District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 420, 467, 468, 471,120(B), 409 and 34 of the Indian Penal Code (IPC). 2. The case of the prosecution, in brief, is that Arvind Shrivastava, Branch Manager, District Cooperative Bank Ltd., Ambikapur, based on Letter No./Estb./25-26/356, Ambikapur dated 26.05.2025, lodged a report ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.15 13:18:10 +0530 2 against Vikash Chand Pandvi (Retired Supervisor), Ashok Kumar Soni (Assistant Chief Supervisor), Aitbal Singh (Retired Committee Manager), Vijay Kumar Uikey (Retired Branch Manager), Samal Sai (Retired In- charge Branch Manager), Jagdish Prasad (Suspended Assistant Accounts Officer), Tabarak Ali (Lower Division Clerk), Laxman Dewangan (Institute Manager), Rajendra Prasad Pandey (Suspended Assistant Chief Supervisor), Sudesh Kumar Yadav (Institute Manager, Jamdi), Prakash Kumar Singh (Computer Operator, Branch Kusmi), and Rajendra Prasad (Suspended Institute Manager), alleging that accounts 604007009117, 604007085677, and 604007013601 at Branch Shankargarh/Kusmi showed heavy suspicious transactions and financial irregularities. Thereafter, an enquiry team was constituted; however, it did not conduct any enquiry. As per the audit report dated 05.02.2025 by the Chartered Accountants of the Bank, namely M/s Naveen Upadhyay & Associates, misappropriations were found as follows:- Account No. 604007085677 – Rs. 6,27,26,935/-, Account No. 604007009117 – Rs. 3,19,20,700/-, Account No. 604007013601 – Rs. 2,41,18,614/-, Account No. 104003588738 – Rs. 16,58,000/-, Account No. 104003641217 – Rs. 64,13,500/-, Account No. 604007024067 – Rs. 46,44,841/-, totaling Rs. 13,14,82,590/-. Based on this audit report, a further enquiry team was constituted, which submitted a report showing:- Account No. 604007085677 – Rs. 19,22,73,908/- through 1,597 transactions, Account No. 104003641217 – Rs. 91,57,000/- through 46 transactions, Account No. 604007009117 – Rs. 3,19,20,700/- through 138 transactions, NEFT transactions to Jamuna Alankar – Rs. 40,54,000/- through 12 transactions, totaling Rs. 23,74,05,608/-. Further investigation revealed additional irregularities:- Account No. 604007054842 (Ashok Kumar Soni) – Rs. 1,36,95,199.93/-, Account No. 3 604007024067 (Prakash Kumar Singh) – Rs. 46,44,841/-, Account No. 104000578368 (Sudesh Kumar Yadav) – Rs. 96,36,814/-, NEFT to Mahamaya Construction – Rs. 30,00,000/-, totaling Rs. 26,47,82,462.93/-. It is alleged that the bank officials, in conspiracy with the above account holders, who had opened accounts using forged documents, fraudulently transferred amounts deposited in KCC accounts of farmers to the aforesaid bank accounts, thereby causing a loss of crores of rupees to the bank. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that the present applicant has been arrested in this case merely because she happens to be the wife of co-accused Ashok Kumar Soni, who was working as Branch Manager at the Cooperative Bank Ltd., Branch Shankargarh, during the period when the alleged incident took place. The applicant has no role whatsoever in the commission of the alleged offence. He also submits that the gold and silver ornaments, as well as the documents pertaining to the applicant’s land, have been seized on the presumption that they were purchased from the embezzled amount; however, in reality, the said items were purchased by the applicant from her own lawful income for the purpose of her sons’ marriages. He further submits that the applicant was appointed as an Upper Division Teacher in the year 1993 and is presently serving as In-charge Principal (Original Post – Lecturer) at Government Boys Higher Secondary School, Shankargarh, District Balrampur–Ramanujganj. She is a reputed and law-abiding lady, having no connection whatsoever with the alleged offence. However, owing to her arrest in connection with this case, she has been placed under suspension vide order dated 14.07.2025. He also submits that the 4 applicant, aged about 54 years, has been languishing in jail since 03.06.2025 having no criminal antecedents, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. They further submit that in compliance with this Hon’ble Court’s order dated 28.08.2025, the Investigating Officer of the aforesaid case submitted an affidavit stating that an FIR bearing Crime No. 39/2025 was registered at Police Station Kusmi, District Balrampur–Ramanujganj (C.G.) against the present applicant and other co-accused persons for the offences punishable under Sections 409, 420, 467, 468, 471, 120-B, and 34 of the IPC, 1860 [corresponding to Sections 316(5), 318(4), 338, 336(3), 340(2), 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023], on the basis of a letter issued by the Branch Manager, District Cooperative Bank, Ambikapur. As per the complaint, co-accused persons, including the applicant’s husband Ashok Kumar Soni (then Assistant Chief Supervisor), allegedly misappropriated funds through multiple accounts during the period 2013–2023, amounting to Rs. 26,47,82,462/-. Upon receipt of the complaint, an enquiry committee and later a special audit by M/s Tank Khatri & Associates were conducted, revealing illegal transfers in several accounts, including those of the accused persons. The applicant was arrested on 03.06.2025 in connection with the said crime. During investigation, her memorandum statement was recorded, and certain gold and silver ornaments and property documents registered in her and her husband’s names were seized on 02.06.2025. It is further stated that the co-accused persons, namely Ashok Kumar Soni, 5 Sudesh Kumar Yadav, Prakash Singh, Aitbal Singh, Jagdish Prasad Bhagat, Samal Sai, Vikas Chandra Pandavi, Tabarak Ali, Rajendra Prasad Pandey, Vijay Uikey, Laxman Prasad Dewangan, Rajendra Gupta, and Navneet Soni, were found involved in large-scale embezzlement and criminal conspiracy to defraud the bank, therefore, looking to the seriousness of the case, the applicant is not entitled for grant of regular bail in the present case. 5. Learned State Counsel further submitted that the other co-accused persons, namely Ashok Soni, Prakash Kumar Singh, and Sudesh Kumar Yadav, who are employees of the Jila Sahakari Bank, had fraudulent transactions in their accounts amounting to Rs. 1,36,95,199.93/-, Rs. 46,44,841, and Rs. 96,36,814/- respectively. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, it is observed that the incident complained of pertains to the period between 2013 and 2022, whereas the FIR was registered against the applicant along with other co-accused persons, who are employees of the Jila Sahakari Bank, in the year 2025. The allegation against the applicant is that she is the wife of co-accused Ashok Kumar Soni, who was working as the Branch Manager of the Cooperative Bank Ltd., Branch Shankargarh, during the period when the alleged incident took place. Although the main allegations are against the co-accused persons, namely, Ashok Soni, Prakash Kumar Singh, and Sudesh Kumar Yadav, who are employees of the Jila Sahakari Bank and had fraudulent transactions in their accounts amounting to Rs. 1,36,95,199.93/-, Rs. 46,44,841/-, and Rs. 96,36,814/-, respectively, the case of the present applicant is distinguishable from that of the aforesaid co-accused. 6 Moreover, considering the fact that the applicant has no criminal antecedents and that the charge-sheet has already been filed before the competent court, and further the applicant has been in custody since 03.06.2025 and conclusion of the trial may take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 8. Let the Applicant – Smt. Sushma Ekka Soni, involved in Crime No. 39/2025 registered at Police Station Kusmi, District – Balrampur- Ramanujganj (C.G.), for the offence punishable under Sections 420, 467, 468, 471,120(B), 409 and 34 of the Indian Penal Code (IPC), be released on bail on her furnishing 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued 7 and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, 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 her in accordance with law. 9. 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 Abhishek