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2026 DAILYLAW 8597 (CHH)

UMESH GORLE v. STATE OF CHHATTISGARH

MCRC/2136/2026 · 2026-03-24

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Judgment text

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1 2026:CGHC:14388 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2136 of 2026 Umesh Gorle S/o Late Shri N.L. Gorle, Aged About 46 Years R/o Ward No. 13, Budhwari Para, Near Gurudwara, Dongargarh, Distt. Rajnandgaon, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House O昀케cer, P.S. Dongargarh, District- Rajnandgaon, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Satyendra Kumar Kesharwani, Advocate Mr. Prashant Pathak, Advocate For Non-Applicant/State : Mr. Saumya Rai, Deputy Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.03.2026 1. This is the First bail application 昀椀led 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. 377/2025 registered at Police Station– Dongargarh, District- Rajnandgaon, (C.G.), for the o昀昀ence punishable under Sections 318(4), 316(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that a written complaint was lodged by the complainant, Shri Rinku Kumar, against the accused, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 namely Umesh Gorle, a former employee of Axis Bank, Dongargarh, alleging that he had embezzled money from various bank customers. It is alleged that the accused cheated several account holders, namely Chandmal Agarwal (Rs. 31,00,000/-), Moolchand Kosaria (Rs. 3,00,000/-), Tirath Lal Patel (Rs. 15,60,000/-), Balak Das (Rs. 23,12,860/-), and Rashi Pramod Tembhulkar Lohia (Rs. 32,63,668/-), amounting in total to Rs. 1,06,86,528/-. It is further alleged that during the period between November 2022 and April 2025, the accused, while working as a bank employee, committed fraud by sanctioning fake loans in the names of the said customers, illegally transferring money from their accounts, and misappropriating the same for his personal gain. On the basis of the said complaint, the accused was arrested and his memorandum statement was recorded, wherein he disclosed that he used to create net-banking IDs and passwords of customers, withdraw money through cheques, avail overdraft facilities against 昀椀xed deposits, and transfer the defrauded amounts to various bank accounts linked to his own accounts. It is also alleged that thereafter he transferred the said amounts from his Axis Bank and SBI accounts to the accounts of his wife, Usha Gorle, and his mother, Taradevi Gorle. The total amount involved in the fraud is stated to be Rs. 5,12,53,480/-. On the basis of the aforesaid complaint, Police have registered Crime No. 377/2025 for o昀昀ences punishable under Sections 318(4), 316(5), and 3(5) of the Bharatiya Nyaya Sanhita against the present applicant and his wife. Hence, the present bail application. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any o昀昀ence as alleged. It is submitted that although allegations have been made that the applicant’s wife, Usha Gorle, was aware of the transactions in her account, the present applicant had no role in any such transactions, and the entire case against him is based merely on the memorandum of the co-accused, which is not admissible in evidence. It is further submitted that out of the two accused persons, co-accused Usha Gorle has already been granted bail by this Hon’ble Court vide order dated 17.12.2025 passed in M.Cr.C. No. 9480/2025, and on the ground of parity, the present applicant is also entitled to be enlarged on bail. It is contended that the applicant was working as Branch Manager and had sanctioned loans only after due veri昀椀cation of documents by the concerned bank o昀케cials, and he had no knowledge of any alleged fraudulent transactions or misappropriation of funds. It is further submitted that the alleged incident pertains to the period from 01.11.2022 to 01.04.2025, whereas the FIR has been lodged on 26.07.2025, re昀氀ecting an inordinate and unexplained delay. It is also submitted that the prosecution story is false and concocted, and the FIR has been registered without proper investigation and merely on the basis of baseless allegations, and there is no cogent evidence on record to show that the applicant has received or misappropriated any amount. It is also submitted that the charge-sheet has been submitted before the competent Court and the present applicant is 4 in jail since 03.08.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the present case involves a serious economic o昀昀ence of large-scale 昀椀nancial fraud committed by the applicant, who was working as a bank employee. It is contended that, in compliance of the order passed by this Hon’ble Court dated 10.03.2026, the Investigating O昀케cer has 昀椀led an a昀케davit, wherein it has been speci昀椀cally stated that the applicant has embezzled an amount of Rs. 1,06,86,528/- from various Axis Bank customers by sanctioning fake loans in their names and illegally transferring funds from their accounts during the period from November 2022 to April 2025. It is further submitted that the memorandum statement of the applicant clearly reveals that he used to create net-banking IDs and passwords of account holders, withdraw money through cheques, avail overdrafts against 昀椀xed deposits, and transfer the defrauded amount to multiple bank accounts linked to him. It is also contended that the applicant had routed the said fraudulent amounts to the accounts of his wife, Usha Gorle, and his mother, Tara Devi Gorle, thereby establishing a clear money trail and active involvement of the applicant in the commission of the o昀昀ence. Considering the nature and gravity of the allegations, the huge amount involved, and the speci昀椀c role attributed to the applicant, therefore, the applicant is not entitled to be released on bail. 5 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, and the material available on record and further considering the fact that it is evident from the a昀케davit 昀椀led by the Investigating O昀케cer in compliance of the order dated 10.03.2026 that the applicant, being a bank employee, has played a central and active role in committing a large-scale 昀椀nancial fraud by cheating various Axis Bank customers and embezzling substantial amounts through sanctioning fake loans and unauthorized transactions. As re昀氀ected in the said a昀케davit, the memorandum statement of the applicant clearly discloses that he used to create net-banking IDs and passwords of account holders, withdraw money through cheques, avail overdrafts against 昀椀xed deposits, and transfer the defrauded amounts to various bank accounts linked with him, and thereafter route the said amounts to the accounts of his wife, Usha Gorle, and his mother, Tara Devi Gorle, thereby establishing a clear and deliberate money trail. The material on record thus indicates a systematic and well-planned modus operandi adopted by the applicant in commission of the o昀昀ence involving huge public money. Further the fact that though the co- accused, namely Usha Gorle, who is the wife of the applicant, has been granted bail by this Court in M.Cr.C. No. 9480/2025 vide order dated 17.12.2025, the case of the present applicant stands on a di昀昀erent footing, as he is the main accused and the prime mover of the entire fraudulent transactions, and the role attributed to him is 6 direct, speci昀椀c, and of a much higher degree. In view of the seriousness of the allegations, the magnitude of the fraud of Rs. 5,12,53,480/-, and the speci昀椀c role of the applicant as re昀氀ected from the material collected during investigation, this Court is of the opinion that it is not a 昀椀t case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant – Umesh Gorle, involved in Crime No. 377/2025 registered at Police Station– Dongargarh, District- Rajnandgaon, (C.G.), for the o昀昀ence punishable under Sections 318(4), 316(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan