1 CGHC010275292026 2026:CGHC:31484 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6651 of 2026 Gaurav Shukla S/o Sudhir Kumar Shukla Aged About 47 Years Nandbag Rumgra Police Station - Balco District Korba Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- Inspector, Economic Offence Wing District- Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Ashok Kumar Varma, Sr. Advocate assisted by Mr. Dhiraj Kumar Wankhede, Advocate along with Mr. Gajendra Kumar Sahu, Advocate and Mr. Anmol Varma, Advocate. For Non-Applicant/State : Mr. Shalin Singh Baghel, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2026 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. 20/2018 registered at Police Station Economic Offence Wing / Anti-Corruption Bureau, Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 7C & 13(1) (a) of the Prevention of Corruption Act, 1988 as Amended Act 2018 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 and Sections 120-B, 409, 420, and 421 of the Indian Penal Code, 1860. 2. Case of the prosecution, in nutshell, is that a complaint dated 22.12.2017 was submitted by Shri Niranjana Samantare, Zonal Manager, Bank of India, Raipur, pursuant to which a preliminary enquiry bearing No. 01/2018 was registered and commenced on 01.01.2018. It was alleged in the complaint that the applicant/accused, Shri Gaurav Shukla, who had been appointed as a Bank Mitra and was authorized to operate a Kiosk Banking Centre for villages including Lemru under the Bank of India, Korba Branch, had indulged in fraudulent transactions by misusing the Aadhaar cards and accounts of his family members and other beneficiaries. During the preliminary enquiry, it was found that the applicant had allegedly carried out unauthorized and illegal transactions amounting to approximately Rs. 79.91 lakh, thereby causing financial loss to the Bank as well as to the account holders. It was further alleged that amounts released under government welfare schemes, including Indira Awas Yojana, were also irregularly withdrawn or transferred. On the basis of the findings of the preliminary enquiry conducted by Shri Jeevan Prakash, FIR bearing Crime No. 20/2018 came to be registered against the applicant for the said offences. Hence, the present bail application. 3. Learned senior counsel appearing for the applicant submits that the applicant has been falsely implicated in the present case and has no direct or indirect involvement in the alleged offence. It is 3 submitted that the allegations pertain to transactions said to have taken place during the period 2017–18 when the applicant was working as a Kiosk Operator/Bank Mitra appointed by the Bank of India on 28.11.2014 for providing banking services in villages including Nakia and Lemru. It is further submitted that a complaint was lodged in the year 2017–18 alleging irregular transactions and consequent financial loss to the Bank and certain account holders, on the basis of which FIR bearing Crime No. 20/2018 came to be registered. He submits that the applicant has consistently maintained his innocence and has cooperated with every stage of the enquiry and investigation from the very inception. He participated in the bank’s internal enquiry, submitted replies to the notices issued by the Bank, Economic Offences Wing (EOW) and Anti-Corruption Bureau, and remained available to the investigating agency at all times. It is argued that despite the registration of the FIR in 2018, the applicant was never found absconding and continued to reside at his permanent address in District Korba while carrying on his regular work. 4. Learned senior counsel further submits that the material evidence, including bank records, account statements, CCTV footage, electronic devices and other relevant documents, has already been seized and is in the custody of the prosecution. It is also submitted that even according to the final report, the alleged amount involved has been reduced from the figure mentioned in the FIR and a substantial amount had already been disbursed to the beneficiaries. He contends that the charge-sheet itself refers to lapses attributable 4 to the software system and does not establish any specific role of the applicant beyond his functioning as a Kiosk Operator. It is further submitted that the applicant has no criminal antecedents and, apart from the present case, no other criminal case has ever been registered against him. The applicant has been in judicial custody since 16.04.2026 and is the sole earning member of his family. His aged parents, both senior citizens above 75 years of age, are dependent upon him, and his father is presently suffering from serious health ailments and has recently been admitted to the Intensive Care Unit (ICU). He also submits that the applicant enjoys a good reputation in society, has been engaged in social work since 2002, and has been issued a Character Certificate by the Superintendent of Police, Korba. It is, therefore, argued that the applicant is a permanent resident of District Korba, there is no likelihood of his absconding or tampering with the prosecution evidence, the charge-sheet has already been filed, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application and submits that the applicant is involved in a serious economic offence concerning large-scale misappropriation and fraudulent withdrawal of public money entrusted for the benefit of villagers and beneficiaries of various government welfare schemes. It is contended that, during the course of investigation, sufficient material has been collected indicating the active involvement of the applicant, who, while 5 functioning as a Kiosk Operator/Bank Mitra, allegedly misused his position and facilitated unauthorized transactions by using the Aadhaar details and accounts of beneficiaries, thereby causing substantial financial loss to the Bank as well as to innocent account holders. He submits that the allegations against the applicant are grave in nature and involve breach of public trust, criminal conspiracy, cheating and criminal breach of trust. It is further submitted that the charge-sheet has already been filed after a detailed investigation and the prosecution has cited several witnesses and documentary as well as electronic pieces of evidence in support of the case. Considering the nature of accusations, the magnitude of the alleged embezzlement, and the prima facie material available on record, therefore, he prays that the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the nature of allegations, the material available on record, the fact that the alleged transactions pertain to the period 2017–18, the registration of the FIR in the year 2018, the completion of investigation and filing of the charge-sheet, the fact that the applicant remained available to the investigating agency and cooperated with the enquiry and investigation throughout the period from registration of the FIR till his arrest, further considering the fact that the applicant is in jail since 16.04.2026, the applicant has no previous criminal antecedents, and the trial is likely to take 6 sometime for its conclusion. Taking into consideration the overall facts, and the period of detention and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application of the applicant is allowed. Let the Applicant- Gaurav Shukla, involved in Crime No. 20/2018 registered at Police Station - Economic Offence Wing / Anti- Corruption Bureau, Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 7C & 13(1)(a) of the Prevention of Corruption Act, 1988 as Amended Act 2018 and Sections 120-B, 409, 420, and 421 of the Indian Penal Code, 1860, 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. 7 (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. 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 Rahul Dewangan