1 CGHC010242072026 2026:CGHC:29331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6201 of 2026 Ashok Kumar Soni S/o Late Swaminath Soni Aged About 57 Years R/o Village Shankargharh P.S. Susmi District Balrampur Ramanujganj C.G. ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, P.S. Kusmi District Balrampur Ramanujganj C.G. ... Respondent(s) For Applicant(s) : Mr. Sharad Mishra, Advocate. For Respondent(s) : Mr. Sumit Singh, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.07.2026 1. This is the second bail application filed under Section 483 of the Bharatiya 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 Kusmi District Balrampur Ramanujganj (C.G.) for the offence punishable under Sections AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 420, 409, 467, 468, 471, 120-B, 34 of the Indian Penal Code (for short ‘IPC’). 2. Case of the prosecution, in brief, is that the complainant, Arvind Shrivastava, In-charge of District Co-operative Bank Ltd., Ambikapur, lodged an FIR alleging embezzlement and criminal breach of trust involving government funds amounting to Rs. 26,47,42,462.93. During an enquiry into alleged irregularities in bank transactions, it was found that the accused persons had manipulated several bank accounts and diverted substantial amounts to their respective accounts. It is alleged that an amount of Rs. 46,44,841/- was transferred to the account of the present applicant, besides other illegal transfers, including Rs. 30,00,000/- through NEFT. On the basis of the said allegations, the present crime was registered against the applicant and other co-accused persons. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application preferred by the applicant was rejected on merits by this Court vide order dated 29.01.2026 passed in MCRC No.9781 of 2025. He further submits that, thereafter, the applicant preferred SLP (Crl.) No.5593 of 2026 before the Hon'ble Supreme Court challenging the order 29.01.2026 passed in MCRC No.9781 of 2025 and vide order dated 19.05.2026, the matter was adjourned to 31.08.2026, however considering the prolonged date fixed for hearing and the applicant's serious kidney ailment, the said SLP was dismissed as withdrawn on 29.05.2026 with liberty to pursue 3 second bail application, the applicant's deteriorating medical condition constitutes a subsequent change in circumstances warranting reconsideration of his prayer for bail. He lastly submits that the applicant's creatinine level has increased significantly and, in the absence of timely and appropriate medical treatment, including dialysis and/or kidney transplant, his condition is likely to progress to chronic kidney disease. In support of the said contention, learned counsel has placed on record the medical documents pertaining to the applicant, which are filed as Annexure A/5. The charge-sheet has already been filed and the applicant has been in judicial custody since 27.05.2025. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant allegedly in furtherance of a criminal conspiracy with the co-accused persons, participated in the manipulation of bank accounts and dishonestly received Rs. 46,44,841/- out of the misappropriated government funds, thereby facilitating the alleged embezzlement and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 29.01.2026 passed in MCRC No. 9781 of 2025 on the ground that the 4 material collected during investigation prima facie disclosed the active involvement of the applicant, in his capacity as a Checker, in the alleged embezzlement of public funds. The Court observed that an amount of Rs. 1.37 crores was credited to the applicant's personal savings bank account, indicating that he was a beneficiary of the misappropriated amount, and that he had further transferred Rs. 46.45 lakhs and Rs. 95 lakhs to the accounts of co-accused persons. Furthermore, on a pointed query being made to learned counsel for the applicant as to why the SLP (Crl.) No.5593 of 2026 preferred before the Hon’ble Supreme Court by the applicant against the order of this Court bearing MCRC No. MCRC No.9781 of 2025 was withdrawn, it is stated that the matter was adjourned to 31.08.2026 and considering the prolonged date fixed for hearing and the applicant's serious kidney ailment, the said SLP was dismissed as withdrawn on 29.05.2026, but considering the gravity of the offence, the applicant's role as a bank employee in the diversion of farmers' Kisan Credit Card (KCC) funds through forged and unauthorized accounts and the prima facie material indicating a deep-rooted conspiracy, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of applicant - Ashok Kumar Soni, involved in Crime No. 39/2025 registered at Police Station Kusmi District Balrampur Ramanujganj (C.G.) for the offence punishable under Sections 420, 409, 467, 468, 471, 120-B, 34 of 5 the IPC, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Akhil