1 2025:CGHC:53689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7574 of 2025 • Tarun Sen S/o Vijay Kumar Sen Aged About 32 Years R/o Village Ganjpichhe Kharsiya Tahsil And P.S. - Kharsiya, District - Raigarh Chhattisgarh ... Applicant versus • State of Chhattisgarh Through S H O, Chauki - Kharsiya, P.S. - Kharsiya, District - Raigarh Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Madhunisha Singh, Advocate For Respondent/State : Dr. Saurabh Kumar Pande, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant, who has been arrested in connection with Crime No.292/2025 registered at Police Station - Kharsiya District-Raigarh (C.G.) for the offence punishable under Sections 318(4), 316(5) of BNS. 2. Case of the prosecution, in brief, is that the Complainant Randhir Singh, Regional Head, Central Bank of India Regional Office Ambikapur submitted a written complaint to Police Chowki Kharsiya, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.04 17:54:30 +0530 2 that during the period from former Business 30.11.2021 to 07.02.2025, Correspondent (BC) Mr. Tarun Sen misused the CBS login of some bank employees during their absence without the knowledge of the concerned employee and made several unauthorized transactions for which neither the concerned employee nor the bank accountant had been paid. Customers' not was permission were taken nor submitted, this unnecessary documents includes embezzlement of money, misuse of CBS (Core Banking System) login credentials and illegal withdrawals, due to which the bank has suffered financial loss of about Rs 66, 72,900/- and many customers have faced financial difficulties. Tarun Sen made unauthorized 150 than more transactions, these include accounts of many account holders including Chandrika Patil account number 3972990374, Babulal Rathiya account number 3872683708, Digambar Prasad Rathiya account number 3928651754, Ghasneen Dansena account number 3650950802, Jagarmati Yadav account number 3597700114, a total of 11 customers have also submitted written complaints to the bank against Mr. Tarun Sen. On the basis of the written complaint, the Kharsiya police station registered a First Information Report against the accused. Hence, this bail application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. She further submits that the applicant has been made an accused on the basis of his own affidavit, which was under the coercion of the bank officials, as he has accepted the entire responsibility on his shoulder of the amount, which was embezzled and further it appears that no other employee of the bank has made as an accused. The applicant is in jail since 27.05.2025 and the conclusion of the trial is 3 likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no previous criminal antecedent. He further submits that there is a fraud of Rs.66 Lakhs and affidavit has been filed by the Investigating Officer showing a chart, whereas Rs.42 Lakhs has been transferred in the account of the applicant from the account of the various customers and rest of the amount transferred to the other persons. Applicant had managed to get a secret code of bank official for transaction of the said money transferred to his bank account as well as other persons, but could not disputed the fact that there is no other bank employee has been made an accused in the present case and bank has lodged the FIR against the applicant only. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and submissions made by learned counsel for the parties and the fact that applicant has no previous criminal antecedents, he is in jail since 27.05.2025 and the charge-sheet has been filed, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Tarun Sen involved in Crime No.292/2025 registered at Police Station - Kharsiya District-Raigarh (C.G.) for the offence punishable under Sections 318(4), 316(5) of BNS, be released on bail on their furnishing a personal bond with two sureties in the 4 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 him 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. 5 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali