2025:CGHC:52092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7359 of 2025 1 - Aakash Nai S/o Shri Karnidan Nai Aged About 24 Years Proprietor Of Shyam Trading, Resident Of Plot No.04, Second Floor, Society Shopping Complex, Mahamaya Privision Store, Choubey Colony, Raipur, District : Raipur, Chhattisgarh --- Applicant(s) versus 1 - State Of Chhattisgarh Through The Police Station Moudhapara, District : Raipur, Chhattisgarh 2 - Branch Manager Indusind Bank, M.G. Road Branch, Raipur District Raipur C.G. --- Non-applicant(s) MCRC No. 7404 of 2025 1 - Kamal Kishore Kesharwani S/o Late Kishanlal Kesharwani Aged About 65 Years R/o H.N. 1223, Ruprela Marg, Fafadih, Raipur, District Raipur (C.G.) (Correct Address)- H.N. 1223, Kesharwani Villa, Ruprela Marg, Taunk Colony, Raman Mandir Ward, Fafadih, Raipur, District Raipur (C.G.) ---Applicant(s) Versus 1 - The State Of Chhattisgarh Through P.S. Moudahapara District Raipur (C.G.) --- Non-applicant(s) ________________________________________________________ For Applicants : Mr. B.P. Sharma, Mr. Chakresh Tiwari and Mr. D.K. Gwalre, Advocates. KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.10.17 18:17:54 +0530 For State : Mr. Arvind Dubey, Govt. Advocate. For Bank : Mr. Devendra Pratap Singh, Advocate with Mr. Sourabh Singh Rathore, Branch Manager ________________________________________________________ Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 17.10.2025 1. Since, both the bail applications are arising out of same crime number therefore, they are being disposed of by this common order. 2. These are the first bail applications filed by the applicants under Section 483 of the B.N.S.S. for grant of bail who are in jail since 30.05.2025 in connection with Crime No. 49/2023, registered at Police Station– Maudahapara, District- Raipur (C.G.) for the offence punishable under Sections 120-B, 420, 467, 468, 471 of IPC. 3. Case of the prosecution, in brief, is that on the complaint made by Branch Manager of IndusInd Bank, M.G. Road, Raipur, the present F.I.R. was lodged on the allegation that in the said branch, applicant-Aakash Nai is having a current account in the name of Shri Shyam Trading Firm. On 27.02.2023 Aakash Nai along with two persons came to the bank where those persons handed over a demand draft which was deposited by Aakash Nai amounting to Rs. 4,95,00,000/-. On verification, it was found that the said demand draft was issued by IndusInd Bank, Banjara Hills, Hyderabad. The said demand draft was prepared by R.R. ECO Energies Private Limited Company, by its owner Fanendra Kumar on whose behalf accountant K.N.S. Kumar on 24.02.2023 got the demand draft prepared through cheque. The said demand draft was found to be made in favour of Shri Shyam Trading and only after further verification the said demand draft was encashed in account of Shri Shyam Trading at around 7:00 PM. On 28.02.2023, M.G. Road Branch of IndusInd Bank got the phone call from Banjara Hills Branch, Hyderabad of IndusInd Bank that the person who got the demand draft prepared namely K.N.S. Kumar approached the branch for cancellation of the said demand draft. It was informed by the complainant to the Banjara Hills Branch that the amount of demand draft has been transferred to the account of Shri Shyam Trading. Thereafter it was informed by the Banjara Hills Branch that the original demand draft which was prepared is before him and the person who got it prepared wants to get it cancelled, then it was found by the complainant that the demand draft which was presented by the applicant was fake, after which the complainant saw the details of the account in which the amount was transferred, it was further found that the applicant has transferred Rs. 29,57,000/- to differed bank accounts. Thereafter, the complainant freezed the bank account of the applicant having Rs. 4,65,00,000/-. In this manner the Applicant and other persons conspired to commit fraud with IndusInd Bank. On the basis of complaint, offence has been registered against the applicant. 4. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the crime in question. He would further submit that the demand draft was encashed after being verified by the concerned officer and there is no involvement of the applicants in commission of offence. He would further submit that the investigation has been completed and the challan has also been filed before the competent Court, the offence is triable by the Judicial Magistrate First Class, the applicants are in jail since 30.05.2025 i.e. for more than 4 months, the trial may take some time, therefore, it is prayed that the applicants may be released on bail. 5. On the other hand, learned counsel for the State opposing the application submits that there is clear allegation against the applicants regarding commission of offence, which reflects, prima facie involvement of the applicants in the offence. Hence, it is prayed that the applications for grant of bail may be rejected. 6. Learned counsel for the Bank would submit that there is no possibility of preparation of two demand drafts in the bank in view of the secured banking system, as such, it prima facie reflects that the demand draft submitted before Raipur Branch is forged one. He would further submit that their custody is required to elicit the truth regarding source of preparation of forged demand draft which has been deposited at Raipur, as such, he would pray for rejection of the bail applications. 7. Heard learned counsel for the parties and perused the case diary. 8. Considering the fact that the investigation has been completed and the challan has been filed before the competent Court, the offence is triable by the Judicial Magistrate First Class, the applicants are in jail since 30.05.2025 and the trial may take longer time, the bail applications are allowed. 9. It is directed that if the deficit amount of Rs. 29,57,000/- is deposited by the applicants before the complainant Bank in its suspense account as the amount of Rs. 4,65,00,000/- has already been freezed by the Bank, the applicants shall be released on bail on each of them furnishing a personal bond of Rs. 50,000/- with two local sureties in the like sum to the satisfaction of the concerned Trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. 10. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Deshmukh