1 2025:CGHC:50968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5353 of 2025 Laxman Prasad Dewangan S/o Late Bhagwati Prasad Dewangan Aged About 56 Years R/o Manendragarh Police Station And Tahsil - Manendragarh District - Manendragarh-Chirmirri Bharatpur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Office Police Station Kusmi District- Balrampur Ramanujganj (C.G.) ... Respondent(s) For Applicant : Mr. Rajeev Shrivastava, Senior Advocate assisted by Ms. Sakshi Chabbra, 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, 409,120(B) and 34 of the Indian Penal Code (IPC). 2. The case of the prosecution, in brief, is that the Branch Manager, District ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.15 13:18:09 +0530 2 Co-operative Bank Maryadit, Ambikapur, vide letter dated 26.05.2025, alleged that the applicant, along with the co-accused persons, had carried out bogus and forged transactions in the bank accounts of the Shankargarh Branch, resulting in embezzlement of crores of rupees. 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 applicant is innocent and has not committed any offence punishable under Sections 409, 420, 467, 468, 471, 120-B, 409 and 34 of the Indian Penal Code, 1860. He further submits that there is not even an iota of evidence against the present applicant, and from a bare perusal of the entire prosecution case, it is apparent that a false and concocted case has been registered against the applicant. On the basis of the order passed by the Deputy Registrar, Co-operative Society, Koriya, Baikunthpur, dated 03.09.2013, and the decision taken by the Board of Directors of the Society on 25.10.2016, the applicant was appointed as Society Manager under the Banking Cadre of Aadim Jati Sewa Sahakari Society Maryadit, Chainpur, vide order dated 15.11.2016. After his appointment, the applicant was transferred to various branches of the District Co-operative Bank Maryadit, Ambikapur. At the time of the alleged offence, the applicant was posted at the Surajpur Branch. Subsequently, vide order dated 07.08.2024, the applicant was transferred to the Shankargarh Branch, where he joined on 08.08.2024. Thereafter, on 10.10.2024, he was again transferred to the Bhaiyathan Branch of the same Bank. He also submits that a bare perusal of the aforesaid transfer orders clearly reveals that the applicant was posted and working as Society Manager at the Shankargarh Branch only for a brief period from 08.08.2024 to 10.10.2024. The duties and functions of a Society Manager in a Co-operative Society in the State of 3 Chhattisgarh primarily involve overseeing daily operations, handling administrative tasks, maintaining the society’s property and records, and acting as a liaison between the management committee, members, and service providers to ensure smooth functioning and timely redressal of grievances. He submits that the present applicant has no criminal antecedents and he is in jail since 27.05.2025, 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]. The FIR was lodged on the basis of a letter dated 26.05.2025 issued by the Branch Manager, District Co-operative Bank, Ambikapur, alleging that the applicant along with other accused persons had misappropriated government funds through bogus and forged transactions in several accounts at Shankargarh Branch. The complaint stated that the co- accused Vikas Chandra Pandavi was working as Supervisor, Ashok Kumar Soni as Assistant Chief Supervisor, and Attaval Singh, Vijay Kumar Uikey, and Shamal Sai as Branch Managers. Upon inquiry by a Committee constituted by the Chief Executive Officer, Shankargarh, 4 irregularities were found in 138 entries, with a total embezzlement of Rs. 26,47,82,462.93/-, alleged to have occurred between 2013–14 and 2023–24. It is further submitted that as per the inquiry and audit reports: Rs. 19,22,73,908/- was withdrawn through 1,597 transactions from A/c No. 604007085677 (Aadim Jati Samiti, Jamdi Saan), Rs. 91,57,000/- through 46 transactions from A/c No. 104003641217 (CEO, Janpad Panchayat, Shankargarh), Rs. 3,19,20,700/- through 138 transactions from A/c No. 604007009117 (NREGA, Dhaneshpur); and Rs. 40,54,000/- transferred through NEFT to Jamuna Alankar. Subsequently, a special audit by Tank Khatri & Associates (appointed vide letter dated 13.02.2025) revealed further irregular transfers - Rs. 1,36,95,199.93/- to A/c No. 604007054842 (Ashok Kumar Soni), Rs. 46,44,841/- to A/c No. 604007024067 (Prakash Kumar Singh), Rs. 96,36,814/- to A/c No. 1040005783678 (Sudesh Kumar Yadav), and Rs. 30,00,000/- to Mahamaya Construction, confirming the total defalcation of Rs. 26,47,82,462.93/-. During investigation, it was found that fake bank accounts were opened and used in the names of CEO Janpad Panchayat Shankargarh, NREGA Dhaneshpur, and others, and large cash withdrawals were made without the knowledge of genuine account holders. The applicant was arrested on 28.05.2025 by Police Station Kusmi. The investigation further revealed that accused Laxman Prasad Dewangan, in collusion with other bank employees, had illegally transferred government funds through his Bank ID No. 725, violating banking procedures. In all, 13 accused persons, including the present applicant, have been found involved in large-scale embezzlement and criminal conspiracy to defraud the Co-operative Bank and public funds, therefore, looking to the seriousness of the case, the applicant is not entitled for grant of regular bail in the present case. 5 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 present applicant, who was the Society Manager at the Surajpur Branch at the relevant point of time, is that he was allegedly involved in the aforesaid embezzlement of approximately Rs. 26 crores. 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. 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 27.05.2025 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 – Laxman Prasad Dewangan, involved in Crime No. 39/2025 registered at Police Station Kusmi, District – Balrampur- 6 Ramanujganj (C.G.), for the offence punishable under Sections 420, 467, 468, 471, 409,120(B) and 34 of the Indian Penal Code (IPC), be released on bail on his 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 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 his 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 7 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. 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