1 2025:CGHC:61525 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9480 of 2025 Smt. Usha Gorle W/o Umesh Gorle Aged About 43 Years R/o Budhwari Para, Ward No. 13, Near Gurudwara, Dongargarh, District Rajnandgaon (C.G.) ... Applicant versus State of Chhattisgarh Through The District Magistrate, Rajnandgaon (C.G.) And Station-In-Charge Dongargarh, District Rajnandgaon (C.G.) (Note-P.S. Wrongly Be Not Been Mentioned) ... Non-applicant For Applicant : Mr. Anuroop Panda, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.12.2025 1. This is the 昀椀rst bail application 昀椀led 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. 377/2025 registered at Police Station – Dongargarh, District Rajnandgaon (C.G.) o昀昀ence under Sections 318(4), 316(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that a written complaint was lodged by the complainant, Shri Rinku Kumar, against the main accused, namely Umesh Gorle, a former bank employee of Axis Bank, Dongargarh, alleging that the accused embezzled money from Axis Bank customers ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.19 16:01:39 +0530 2 as follows: 1. Chandmal Agarwal – Rs. 31,00,000/-, 2. Moolchand Kosaria – Rs. 3,00,000/-, 3. Tirath Lal Patel – Rs. 1,50,000/-, 4. Balak Das – Rs. 15,60,000/-, 5. Pramod Tembhulkar – Rs. 23,12,860/-, 6. Rashi Lohia – Rs. 32,63,668/- Total amount:- Rs. 1,06,86,528/-. 3. It is alleged that between the months of November 2022 and April 2025, the accused, being a bank employee, cheated the above-mentioned customers by sanctioning fake loans in their names, illegally transferring money from their bank accounts, and withdrawing the said amounts for his personal gain. On the basis of the written complaint, accused Umesh Gorle was arrested, and his memorandum statement was recorded. As per his memorandum, he used to defraud various Axis Bank account holders by creating their net-banking IDs and passwords, making withdrawals through cheques, availing overdrafts against 昀椀xed deposit accounts, and transferring the fraudulently obtained money to various bank accounts linked to his own accounts. Thereafter, he allegedly transferred the said fraudulent amounts from his linked SBI and Axis Bank accounts to the accounts of his wife, Usha Gorle, and his mother, Taradevi Gorle. It is further alleged that accused Umesh Gorle committed fraud amounting to Rs. 5,12,53,480/-. It is also alleged that his wife, Usha Devi Gorle, was aware of the money being credited into her account, and that the accused used to withdraw money from her account through internet banking and transfer it to other accounts using the mobile number linked with her bank account. 4. Similarly, it is alleged that the accused committed fraud with several other account holders, namely: Ishwar Lal Verma, Bhupendra Kumar Mahilage, Trilok Ram Sahare, Sohdra Hukum Ram Sahu, Upendra Kumar, Dilip Kumar Tebhbhurranikar, Baya Bai Sahare, Hiraram Sinha, Gajendra Das Sahu, Ashok Verma, Shiv Kumar, Devgan, Budhram 3 Baghel, Janak Ram Sahu, Swapnil Patel, Sheikh Ayub, Awadhesh Kumar Sen, Kuldeep Kumar, Indra Kumar Lilhare, Kailash Nath Banjare, Peman Kumar Shivvahare, Charanjeet Chhabda, Preeti Lahare, Kunwar Kamle, Arun Kumar Rajput, Thanu Ram Mandavi, Kalpana Sharma, Ravi Shankar Sahu, and Dhirendra Kumar. Accordingly, the applicant is alleged to have committed o昀昀ences punishable under Sections 318(4), 316(5), and 3(5) of the Bharatiya Nyaya Sanhita (BNS). 5. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the present applicant has been implicated solely on the basis of the memorandum of the accused Umesh, merely because she is the wife of the main accused. He also submits that no ATM card, passbook, or any amount of money has been seized from the possession of the present applicant. Even as per the memorandum of accused Umesh, he used to transfer the fraudulent money from his linked SBI and Axis Bank accounts to the accounts of his wife, Usha Gorle, and his mother, Taradevi Gorle. It is respectfully submitted that the prosecution has failed to establish the active involvement or speci昀椀c role of the accused Usha. He further submits that the applicant is a housewife and has studied only up to Class IX. Both the husband and wife have been arrested, and there is no one to look after her son, who is about 16 years of age. He submits that the applicant has no criminal antecedents and she in jail since 03.08.2025, conclusion of the trial may take some time, he prays for grant of regular bail to the applicant. 6. On the other hand, learned State counsel opposes the bail application, submitting that the charge-sheet has already been 昀椀led before the competent Court. He submits that on the report lodged by the complainant Rinku Kumar, Branch Manager, Axis Bank Ltd., 4 Dongargarh, Crime No. 377/2025 was registered at Police Station Dongargarh for o昀昀ences under Sections 318(4), 316(5), and 3(5) of the Bharatiya Nyaya Sanhita. It is alleged that the main accused, Umesh Gorle, a bank employee, committed criminal breach of trust involving an amount of Rs. 5,12,53,480/- in connivance with his wife, the present applicant, Usha Gorle. He allegedly obtained IDs and passwords of various account holders and fraudulently withdrew funds through net banking, cheques, and overdrafts against 昀椀xed deposits. The misappropriated amount was transferred to a Manipuram Gold Loan account linked to his account and thereafter to the accounts of the applicant and his mother, Taradevi Gorle. It is alleged that the applicant was aware of these transactions; therefore, she is not entitled to grant of regular bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, the present applicant has been implicated solely on the basis of the memorandum of the accused Umesh. The main allegation is against Umesh Gorle, who, being a bank employee, misappropriated an amount of Rs. 5,12,53,480/-. He allegedly transferred the fraudulently obtained money from his linked SBI and Axis Bank accounts to the bank accounts of his wife, Usha Gorle, and his mother, Taradevi Gorle. Therefore, the case of the present applicant stands distinguished from that of the co- accused, namely, Umesh Gorle. Furthermore, the charge-sheet has already been submitted before the competent Court and she is in jail since 03.08.2025, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 5 9. Let the Applicant – Smt. Usha Gorle, involved in Crime No. 377/2025 registered at Police Station – Dongargarh, District Rajnandgaon (C.G.) o昀昀ence under Sections 318(4), 316(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 昀椀le an undertaking to the e昀昀ect that she shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through her counsel. In case of her absence, without su昀케cient 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 and the applicant fails to appear before the court on the date 昀椀xed 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 昀椀xed for (i) opening of the case, (ii) framing of charge and (iii) recording of 6 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su昀케cient 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. 10.O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek