1 2025:CGHC:50969 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8107 of 2025 Vijay Uikey S/o Late Mahip Ram Aged About 50 Years R/o Village- Lodhi, Out- Post-Wadrafnagar, P.S. - Basantpur, District- Balrampur-Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through - S.H.O. Police Sation-Kusmi District- Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Pushkar Sinha, 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). 2. The case of the prosecution is that the applicant/accused, in conspiracy with other co-accused persons, at the Branches Kusmi and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.15 15:16:02 +0530 2 Shankargarh, fraudulently and dishonestly manipulated records and effected unauthorized transfers from the farmers’ KCC accounts, thereby committing criminal misappropriation and embezzlement of a total sum of Rs. 26,47,28,462.13/-. Accordingly, an offence under Sections 409, 420, 467, 468, 471, 120-B, and 34 of the Indian Penal Code has been registered against the present applicant. The applicant has been arrested and is presently in judicial custody. 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 never been involved in any kind of offence and has never received any money from any of the alleged transactions, nor has he gained any monetary benefit from any account. He further submits that nothing has been seized from the applicant which could constitute prima facie evidence against him or indicate his involvement in the commission of the alleged offence. The applicant has never fraudulently, dishonestly, or by manipulation of records, effected any unauthorized transfer from the farmers’ KCC accounts. He also submits that the applicant is about 50 years of age and is the sole breadwinner of his family. His family is now facing severe financial hardship, as he has been in jail since 27.05.2025, and there is no one to take care of his family members. He submits that the present applicant has only 01 criminal antecedent under the IPC which is pending trial. Since the conclusion of the trial may take some time, the learned counsel 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 submit that the applicant/accused Vijay Uike, in conspiracy with other co- 3 accused persons, at the branches of Kusmi and Shankargarh, fraudulently and dishonestly transferred amounts from the farmers’ KCC accounts to bogus and unauthorized accounts, thereby committing embezzlement of a total sum of Rs. 26,47,82,462.93/- The involvement of the applicant/accused in the alleged offence is prima facie established, and the nature of the offence is grave and serious, therefore, 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 the applicant, in conspiracy with other co-accused persons at the Kusmi and Shankargarh branches, fraudulently and dishonestly manipulated records and effected unauthorized transfers from the farmers’ KCC accounts. Although the main allegations are directed against the co-accused persons, namely Ashok Soni, Prakash Kumar Singh, and Sudesh Kumar Yadav, who are employees of the Jila Sahakari Bank, it is alleged that fraudulent transactions were carried out 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 4 distinguishable from that of the aforesaid co-accused. Moreover, considering the fact 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 – Vijay Uikey, 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 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 5 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