1 2025:CGHC:50963 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7526 of 2025 1. Samal Sai S/o Kamala Ram Aged About 65 Years R/o Village Bhagwatpur, P.S./Tahsil-Sankargarh, District- Balrampur-Ramanujganj, C.G. 2. Jagdish Prasad S/o Awadhesh Prasad Aged About 60 Years R/o Village Nilkanthpur, P.S. / Tahsil- Kusmi, District- Balrampur-Ramanujganj, (C.G.) ... Applicants versus State of Chhattisgarh Through The S.H.O., P.S. Kusmi, District- Balrampur-Ramanujganj, C.G. ... Non-applicant For Applicants : Mr. Ritesh Verma, 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, 471,120(B) and 34 of the Indian Penal Code (IPC). ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.15 13:18:09 +0530 2 2. As per the prosecution story, the complainant Arvind Shrivastava, Branch Manager, District Co-operative Bank, Ambikapur, through his Letter No. Estt./25-26/356 dated 26.05.2025, lodged an FIR stating that an email from the NABARD Office, Raipur, dated 26.04.2024, sent by the Chief Executive Officer, Janpad Panchayat Shankargarh, had raised a complaint regarding misappropriation of a huge amount of money through suspicious transactions from Bank Account Nos. 604007085677, 604007009117, and 604007013601, causing financial loss to the Shankargarh/Kusmi Branch. An investigation team was initially constituted but did not conduct any effective investigation. However, as per the Phase Audit Report dated 05.02.2025 submitted by C.A. Naveen Upadhyay & Associates, financial irregularities were found of Rs. 6,27,26,935/- in Account No. 604007085677, Rs. 3,19,20,700/- in Account No. 604007009117, Rs. 2,41,18,614/- in Account No. 604007013601, Rs. 16,58,000/- in Account No. 104003588738, Rs. 64,13,500/- in Account No. 104003641217, and Rs. 46,44,841/- in Account No. 604007024067, totaling Rs. 13,14,82,590/-. On the basis of the said audit report, a detailed investigation was initiated, and as per the Bank’s letter dated 13.02.2025 and the C.A.’s report dated 05.04.2025, further illegal transactions were found Rs. 1,36,95,199.93/- in Account No. 604007054842 (Ashok Kumar Soni), Rs. 46,44,841/- in Account No. 604007024067 (Prakash Kumar Singh), Rs. 96,36,814/- in Account No. 104000578368 (Sudesh Kumar Yadav), and Rs. 30,00,000/- transferred through NEFT to Mahamaya Construction, making a total of Rs. 26,47,82,462.93/- of financial irregularities. The said amount pertains to farmers’ KCC accounts, which were illegally withdrawn from the bank with the intention to defraud it. 3. Learned counsel for the applicant submits the applicants are innocent 3 and have been falsely implicated by the police in a fabricated and plotted case. Their arrest has not only ruined their future prospects but also caused immense mental agony and loss of self-esteem. He submits that there is no evidence on record against the applicants to establish their guilt beyond reasonable doubt. The applicants have been falsely arrested in this concocted case without any credible material. He also submits that the co-accused, namely Vikas Chandra, has already been enlarged on bail by this Hon’ble Court in M.Cr.C. No. 5002/2025 vide order dated 30.06.2025 on the ground of his old age (71 years). The present applicants are also aged about 65 years and 60 years respectively and are suffering from age-related ailments. He submits that the prime accused in this case are Ashok Kumar Soni and Prakash Kumar Singh, who transferred the government funds into the accounts of Sudesh and Smt. Sushma Ekka. The applicant No.1 retired from service in the year 2022 and has already stated in his memorandum that he has no knowledge of computers, and the entire transactions were carried out through computer systems using his Manager ID along with the Cashier’s ID. In fact, the IDs are known and accessible to all employees of the department for smooth functioning of the system. He also submits that the applicants have been languishing in jail since 02.06.2025 having no criminal antecedents, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 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 4 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 lodged by Arvind Shrivastava, Branch Manager, District Cooperative Bank, Ambikapur. It was alleged that during the tenure of the accused persons, including the present applicants, serious financial irregularities occurred in the District Cooperative Central Bank Ltd., Branch Shankargarh/Kusmi, amounting to Rs. 26,47,82,462.93/-. The misappropriation was detected through the audit reports of C.A. Naveen Upadhyay & Associates and later confirmed in a special audit by Tank Khatri & Associates. The enquiry revealed that huge sums were fraudulently transferred from government and KCC accounts to private accounts of accused Ashok Kumar Soni, Prakash Kumar Singh, Sudesh Kumar Yadav, and others, as well as to Mahamaya Construction through NEFT. During investigation, it was found that the accused bank officials, in conspiracy with each other, used fake and unauthorized bank accounts in the names of various government institutions, Gram Panchayats, and individuals. Statements of witnesses confirmed that they had not withdrawn the said amounts. The memorandum statements of the accused also revealed misuse of bank IDs and passwords for unauthorized transactions, for which minor commissions were received. Based on the findings, offences of criminal breach of trust, cheating, forgery, and criminal conspiracy were established against all accused persons. Consequently, the present applicants were arrested and the charge sheet was filed on 21.08.2025, therefore, looking to the seriousness of the case, the applicant is not entitled for grant of regular 5 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 during the tenure of the accused persons, including the present applicants, serious financial irregularities occurred in the District Cooperative Central Bank Ltd., Branch Shankargarh/Kusmi, amounting to Rs. 26,47,82,462.93/-. 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 applicants are distinguishable from that of the aforesaid co-accused. Moreover, considering the fact that the applicants have no criminal antecedents and that the charge-sheet has already been filed before the competent court, and further the applicants have been in custody since 02.06.2025 and conclusion of the trial may take considerable time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 6 8. Let the Applicants – Samal Sai and Jagdish Prasad , 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, 471,120(B) and 34 of the Indian Penal Code (IPC), be released on bail on their furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 7 under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are 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 them 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