1 2025:CGHC:50966 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5933 of 2025 Tabarak Ali S/o Late Mubarak Ali Aged About 50 Years R/o Lakhanpur Tahsil Lakhanpur, District- Sarguja (C.G.) Present R/o Nawagarh Behind Aalambag, Ambikapur District Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Kusmi, District- Balrampur- Ramanujganj- Chhattisgarh ... Non-applicant For Applicant : Mr. Manoj Paranjpe, Senior Advocate assisted by Mr. Aditya Dhar Diwan, 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 409, 420, 467, 468, 471 read with Section 120(B) and 34 of the Indian Penal Code (IPC). 2. As per the case of the prosecution, based on the complaint made by the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.15 13:18:11 +0530 2 CEO, Janpad Panchayat Shankargarh, to the Bank Head Office, Raipur, it was alleged that a huge financial fraud had occurred at the Jila Shakari Bank Branch located at Shankargarh/Kusmi. Suspicious and irregular transactions were carried out from account numbers 604007085677, 604007009117, and 604007013601. On the basis of the aforesaid complaint, the Bank constituted an investigation team and directed an audit report to be prepared by the Bank’s Chartered Accountant. As per the audit report, irregularities amounting to Rs. 13,14,82,590/- were found in the aforementioned accounts. Subsequently, the Bank sought a special audit report, which revealed that 12 accused named in the FIR, by hatching a criminal conspiracy, had opened fake bank accounts and fraudulently transferred KCC funds of farmers into the above-mentioned accounts, causing financial irregularities to the Bank amounting to Rs. 26 crores. It was further found that an amount of Rs. 20,000 was deposited in the account of the applicant. 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 incident is alleged to have taken place between 01.01.2013 and 01.03.2022 at the Branch Office, Shankargarh, whereas the applicant was transferred from Branch Udaipur to Shankargarh on 14.11.2024 and joined on 21.11.2024. He submits that prior to the registration of the FIR, the applicant had requested the CEO of the Bank to post him to any other position, as he was not competent enough to work as a Clerk. He submits that during his tenure as Clerk, the applicant acknowledged certain difficulties in performing his duties due to inadequate knowledge of computers and requested the CEO of the Bank to change his post. The applicant is suffering from mental health issues and is undergoing treatment at CIMS, Bilaspur; 3 accordingly, he requested the CEO of the Bank to change his post from Clerk to Peon. He further submits that the ingredients of Section 420 IPC are completely absent, and in the absence of any wrongful gain or wrongful loss, the offence of cheating cannot be made out. He also submits that there has been an unexplained delay in lodging the present FIR. Being a businessman, the applicant only conducted transactions with customers in accordance with the law, and there was no conspiracy between the applicant and other co-accused from which the applicant could have received any wrongful gain. He submits that the present applicant has no criminal antecedents and he is in jail since 28.05.2025, 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], on the basis of a complaint made by the Branch Manager, District Cooperative Bank, Ambikapur. It is alleged that the applicant and other bank officials misappropriated funds through 10–15 different accounts, resulting in embezzlement of approximately Rs. 26.47 crore during 2013 - 2024. Upon receiving a complaint from the CEO, Janpad Panchayat 4 Shankargarh, an inquiry committee found irregularities in 138 entries. During investigation, it was revealed that large sums were withdrawn or transferred through fake or unauthorized accounts belonging to government bodies and schemes such as Janpad Panchayat Shankargarh and NREGA Dhaneshpur. A special audit by M/s Tank Khatri & Associates confirmed illegal transfers of Rs. 1.36 crore to Ashok Kumar Soni, Rs. 46.44 lakh to Prakash Kumar Singh, Rs. 96.36 lakh to Sudesh Kumar Yadav, and Rs. 30 lakh to Mahamaya Construction, totaling Rs. 26.47 crore. The applicant was arrested on 28.05.2025. Investigation further revealed that accused Tabarak Ali, using his bank ID, transferred government funds without authorization in collusion with other employees. All the accused persons were found involved in fraudulent transactions and criminal conspiracy leading to large-scale misappropriation of government money, 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 present 5 applicant is that he, using his bank ID, transferred government funds without authorization in collusion with other employees. 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 28.05.2025 and that 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 – Tabarak Ali, involved in Crime No. 39/2025 registered at Police Station Kusmi, District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 409, 420, 467, 468, 471 read with Section 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 6 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 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