1 2025:CGHC:55317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9105 of 2025 Prakash Kumar Singh S/o Bigu Singh Aged About 36 Years R/o Village- Rehda, Police Station - Kusmi, Tahsil- Shankargarh District- Balrampur- Ramanujganj, Chhattisgarh. … Applicant versus State of Chhattisgarh Through - Station House Officer, Out Post- Bariyon, Police Station- Kusmi, District- Balrampur-Ramanujganj (C.G.) ...Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Non-applicant : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 39/2025 registered at Police Station Kusmi, Out Post Bariyon, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 409, 420, 467, 468, 471, 120-B, 34 of the Indian Penal Code, 1860. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.13 17:32:36 +0530 2 2. The case of the prosecution in brief is that a written report was lodged at Police Station Ambikapur by the complainant, Shri Arvind Shrivastava, In-charge, District Co-operative Bank Limited, Ambikapur, alleging commission of criminal breach of trust and embezzlement of government funds amounting to ₹26,47,42,462.93 by twelve accused persons, namely, Vikas Chandra Pandvi, Ashok Kumar Soni, Aitbal Singh, Vijay Kumar Uike, Samal Sai, Jagdish Prasad, Tabarak Ali, Laxman Dewangan, Rajendra Prasad Pandey, Sudesh Kumar Yadav, the present applicant Prakash Kumar Singh, and Rajendra Prasad. It is alleged that certain complaints were received regarding irregularities and illegalities in the bank transactions, pursuant to which an enquiry team was constituted to examine the matter. During the course of enquiry, it was revealed that the alleged offence was committed through manipulation of several bank accounts, and substantial amounts were found to have been transferred to the accounts of some of the accused persons, ₹1,36,95,199.93 in the account of Ashok Kumar Soni, ₹46,44,841/- in the account of the present applicant, and ₹96,36,814/- in the account of Sudesh Kumar Yadav. It was further found that ₹30,00,000/- was illegally transferred through NEFT. In total, funds amounting to ₹26,47,42,462.93 were alleged to have been embezzled. 3. It is further alleged that the accused persons, in furtherance of their common intention and criminal conspiracy, opened Kisan 3 Credit Card (KCC) accounts in the names of agriculturists and thereby caused wrongful loss to the Government. On the basis of the written report lodged by the complainant, Crime No. 39/2025 was registered on 27.05.2025 at Police Station Ambikapur for offences punishable under Sections 409, 420, 467, 468, 471, 120- B, and 34 of the Indian Penal Code, 1860. During investigation, memorandum statements of the accused persons were recorded, certain articles were seized, witnesses were examined, and after completion of investigation, charge-sheet was filed before the learned Judicial Magistrate First Class, Rajpur, District Balrampur- Ramanujganj (C.G.), where the case is presently pending for trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the aforesaid case and he is innocent and has not committed any offence. It is submitted that the applicant was employed in the bank as a Data Entry Operator and had no authority to carry out any financial transactions. The amount alleged to have been transferred to his account was done without his knowledge, and no direct role has been attributed to him in the alleged offence. It is further submitted that out of 13 accused persons, 10 co-accused have already been granted bail by this Court, and the allegations against the applicant are similar to those against the co-accused, who have been released on bail. Hence, the applicant is entitled to be enlarged on bail on the ground of parity. 4 5. It has been further submitted by the learned counsel for the applicant that the police have seized only a mobile phone and two scooties from the possession of the applicant, which do not establish his involvement in the crime. Apart from the present report, no other complaint or allegation of irregularity, illegality, or negligence has ever been made against the applicant, which indicates that he was discharging his duties honestly and diligently. It is submitted that as per the transaction details of the applicant’s bank account, about 64 transactions were made between 2013 and 2019, allegedly by LAMPS, without the applicant’s knowledge. His mobile number was not linked with the account, and hence he never received any transaction alerts. It is also contended that no amount was credited to the applicant’s account after 2019, whereas the present offence was registered in 2025, which further indicates that he has no role in the alleged embezzlement. Lastly, he submits that the applicant is languishing in jail since 27.05.2025, though the charge-sheet has been filed, but it may take some time to conclude the trial, therefore, he prays for grant of bail. 6. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that the present applicant, along with other co-accused persons, was involved in a large-scale financial irregularity resulting in embezzlement of government funds to the tune of ₹26.47 crores. It is contended that during investigation, substantial material has been collected showing the transfer of 5 ₹46,44,841/- to the applicant’s bank account, and such transfer cannot be said to be without his knowledge. The offence involves deep-rooted conspiracy and misuse of official position, causing huge financial loss to the Government, and therefore, the applicant does not deserve to be enlarged on bail merely on the ground of parity. It is further submitted that the nature and gravity of the offence, the quantum of amount involved, and the role attributed to the applicant disentitle him from claiming bail at this stage, hence, bail application of the present applicant is liable to be dismissed. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Taking into consideration the nature and gravity of the offence, it is alleged that applicant/accused Prakash Kumar Singh, a bank employee, in collusion with other co-accused persons, was involved in the embezzlement of government funds amounting to ₹26,47,82,462.93 by transferring amounts from farmers’ Kisan Credit Card (KCC) accounts to bogus and unauthorized accounts operated at the Kusmi and Shankargarh branches. During investigation, it has been revealed that a sum of ₹46,44,841/- was transferred into the bank account of the present applicant, indicating his prima facie involvement in the commission of the alleged offence. The offence, being economic in nature and involving a deep-rooted conspiracy and misappropriation of public 6 funds, is of a serious character. Therefore, having regard to the magnitude of the embezzlement, the applicant’s position as a bank employee, and the specific role attributed to him, the case of the present applicant is clearly distinguishable from that of the co- accused persons who have been enlarged on bail, and as such, grant of bail to the applicant does not appear to be justified at this stage. 9. Accordingly, the bail application filed by the applicant/accused – Prakash Kumar Singh involved in Crime No.39/2025, registered at Police Station Kusmi, Out Post Bariyon, District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 471, 120-B of Indian Penal Code, 1860, is rejected at this stage. 10. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 11. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manpreet