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2026 DAILYLAW 26715 (CHH)

MADHVI KAUSHIK v. STATE OF CHHATTISGARH

MCRC/6213/2026 · 2026-07-12

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Judgment text

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1 CGHC010255762026 2026:CGHC:29352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6213 of 2026 Madhvi Kaushik D/o Jagdish Kaushik Aged About 33 Years R/o Saddu, Behind Ambuja Mall, Chhokra Naka, House Of Ravi Nishad, Police Station Vidhansabha, Raipur, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer Police Station- Gobra Nawapara, Raipur, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Shashank Upadhyay, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 66/2026, registered at Police Station – Gobra Nawapara, District – Raipur (C.G.) for the offence punishable under Sections 316(5), 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of the BNS. 2. The case of the prosecution, is that complainant namely Rakesh Kansari has filed written complaint on 28.02.2026 before police station, stating that, his father namely Kishun Kansari had sold his ancestral property on rupees 2 crore, then he had opened bank accounts on his name and his wife's name and names of his sons and daughter in laws, in DCB Bank branch Kurra, Raipur (C.G.) and deposited those 2 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 crore rupees. The main accused namely Utkarsh Verma who was the manager in the branch had misappropriated 16,30,000/- rupees from their accounts by purchasing policies and transferring money in the other account by changing mobile numbers of accounts. When applicant and his family members complained to high authority of the band then accused Utkarsh Verma retuned 14,30,000/- rupees to them but 2,00,000 rupees not retuned by accused. Latter complaint came to know that, main accused has also misappropriated 27,00,000/- rupees from his mother's account, this like accused has misappropriated 29,00,000/- rupees by forgery. On the basis of written complaint police registered crime no. 66/2026 under section 316(5), 318(4), 338, 336(3), 340, 61(2), 3(5) of the B.N.S. 2023 and arrested main accused namely Utkarsh Verma on 01.03.2026. during the investigation main accused named present applicant in his memorandum statement and alleged that he had given 2,50,000/- rupees to present applicant who was posted as operational manager in the said bank. On the basis of memorandum statement of main accused, present applicant was arrested on 01.04.2026. Since she is in jail. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further contended that the applicant was posted at the Bank where the embezzlement was done, and the main accused of the case is Utkarsh Verma who was posted as Branch Manager, and the applicant was posted as Operational Manager, and only on the basis of memorandum 3 statement of co-accused Utkarsh Verma, the applicant has been implicated in the present case. The applicant is in jail since 01.04.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicant, the charge-sheet has been filed in this case, moreover, the applicant was posted at the Bank where the embezzlement was done, and the main accused of the case is Utkarsh Verma who was posted as Branch Manager, and the applicant was posted as Operational Manager, and only on the basis of memorandum statement of co- accused Utkarsh Verma, the applicant has been implicated in the present case, the applicant is in jail since 01.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant – Madhvi Kaushik, involved in Crime No. 66/2026, registered at Police Station – Gobra Nawapara, District – Raipur (C.G.) for the offence punishable under Sections 316(5), 318(4), 338, 336(3), 4 340(2), 61(2) and 3(5) of the BNS, be released on bail on his furnishing a personal bond with two sureties in the 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. 8. 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 Rajshekhar