1 2026:CGHC:5035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9781 of 2025 Ashok Kumar Soni S/o Late Swaminath Soni Aged About 56 Years R/o Village - Shankgarh, Police Station Kusmi, District - Balrampur- Ramanujganj,(C.G.) ...Applicant versus State Of Chhattisgarh Through- House Officer Police Station Kusmi, District- Balrampur - Ramanujganj (C.G.) ...Non-applicant For Applicant : Mr. Rakesh Sahu, Advocate. For Non-applicant/State : Ms. Anusha Naik, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2026 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 – Kushmi District - Balrampur- Ramanujganj (C.G.), for the offences punishable under Sections 409, 420, 467, 468, 471, 120-B & 34 of the IPC. 2. The prosecution story in brief is that in Crime No. 39/2025 registered VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.30 15:05:26 +0530 2 at Police Station Kusmi, is that during investigation into the functioning of the Shankargarh/Kusmi branches of the District Co-operative Bank for the period 2012 to 2022, large-scale suspicious transactions were detected in several bank accounts and, upon audit, serious financial irregularities were found. An initial audit conducted by M/s Naveen Upadhyay & Associates vide report dated 05.02.2025 revealed misappropriation amounting to Rs.13,14,82,590/-, and a subsequent detailed audit and inquiry further disclosed total irregular transactions to the tune of Rs.26,47,82,462.93/-. It is alleged that Account No. 604007054842, in the name of accused Ashok Kumar Soni, reflected suspicious transactions amounting to Rs.1,36,95,199.93/-, and that the bank officials, in criminal conspiracy with certain account-holders, forged and fabricated documents and illegally diverted funds from the Kisan Credit Card (KCC) accounts of farmers into these accounts, thereby causing wrongful loss to the bank and the farmers and corresponding wrongful gain to the accused persons. 3. Learned counsel for the applicant submits that the applicant is wholly innocent and has been falsely implicated in the present case. He further submits that the alleged transactions pertain to the period between 2012 and 2022, whereas the FIR has been registered only in the year 2025, reflecting an inordinate and unexplained delay which seriously undermines the credibility of the prosecution case. It is further submitted that the applicant was merely functioning as a Cashier and had no independent authority to sanction loans or open accounts, as all substantive decisions were taken by senior managerial officials, and the applicant acted only under their directions and approvals. The case is entirely documentary in nature, 3 resting upon audit reports and bank records, and no incriminating recovery of cash, assets or evidence of personal gain has been made from the applicant. The investigation is complete and the charge-sheet has already been filed before the competent Court, therefore further custodial detention of the applicant is not required for the purpose of investigation. It is also pointed out that several co-accused holding similar responsibilities have already been granted bail by this Hon’ble Court vide order dated 13.10.2025. As per the charge-sheet itself, the alleged amount of Rs.1,36,95,199.93/- was never withdrawn in cash by the applicant nor utilized for his personal benefit, and upon audit verification, the amount stood duly reconciled in the bank’s internal records. There is no material on record to show any pecuniary advantage, misappropriation, diversion of funds, or dishonest intention attributable to the present applicant, who has been in judicial custody since 27.05.2025., therefore, he prays for grant of regular bail to the present applicant. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed and, as per the affidavit of the Investigating Officer filed in compliance with the order dated 03.12.2025, the present applicant is the main accused in Crime No. 39/2025, being posted as Branch Manager of Zila Sahakari Kendriya Maryadit Bank, Kusmi and Shankargarh. It is contended that the applicant was actively involved in the fraudulent transactions, that an amount of about Rs.1.37 Crores was transacted in his personal bank account, making him a direct beneficiary, and that huge public funds were embezzled by diverting amounts from farmers’ Kisan Credit Card (KCC) accounts to bogus and unauthorized accounts in connivance 4 with other accused persons. The State further submits that the bail applications of similarly placed co-accused have already been rejected by this Hon’ble Court and that, considering the seriousness of the economic offence, the magnitude of embezzlement, the applicant’s pivotal role, and the likelihood of absconding or influencing the evidence, therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case and upon perusal of the material collected during investigation, it is apparent that the present applicant was involved in almost all the fraudulent transactions in the capacity of Checker and that an amount of Rs.1.37 Crores was transacted in his personal savings bank account, thereby indicating that he himself was a beneficiary of the said amount. The investigation further reveals that by forging and fabricating the bank account of Adim Jati Sahakari Samiti (AJSS), transactions amounting to Rs.18.39 Crores were carried out, out of which Rs.1.37 Crores was transferred into the applicant’s personal account, and further amounts of Rs.46.45 Lakhs and Rs.95.00 Lakhs were transferred by the applicant into the accounts of co-accused Prakash Kumar Singh and Sudesh Kumar Yadav respectively, whose bail applications, along with that of another co-accused, have already been rejected by this Court. Having regard to the nature and gravity of the offence, the applicant’s position as a bank employee, the specific and active role attributed to him in the embezzlement of huge public funds by diverting money from farmers’ Kisan Credit Card (KCC) accounts to bogus and 5 unauthorized accounts, and the prima facie material indicating a deep- rooted conspiracy and misappropriation of public money, this Court finds that the case of the present applicant stands on a different footing from those accused who have been enlarged on bail. Further, considering the likelihood of the applicant absconding or influencing the evidence, this Court is of the considered opinion that it is not a fit case for grant of bail to the present applicant. 7. Accordingly, the bail application of the applicant namely, Ashok Kumar Soni, involved in Crime No. 39/2025 registered at Police Station – Kushmi District - Balrampur-Ramanujganj (C.G.), for the offences punishable under Sections 409, 420, 467, 468, 471, 120-B & 34 of the IPC, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 vaibhav