Koriya Chhattisgarh v. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN State Of
Case Details
1 2025:CGHC:3721 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 551 of 2025 Smt. Sunita W/o Nilkamal Aged About 30 Years R/o Kacharipara, Baikunthpur, P.S./tehsil-Baikunthpur, District- Koriya, Chhattisgarh Permanent Address- Village Narsingpur P.S./tehsil Baikunthpur, District- Koriya Chhattisgarh ... Applicant(s) versus AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN State Of Chhattisgarh Through The Police Of Baikunthpur, District- Koriya (C.G.) ... Non-Applicant(s) For Applicant(s)
Legal Reasoning
: Mr. Sashwat Gupta, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/01/2025 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. 320/2024 registered at Police Station Baikunthpur, District- Koriya (C.G.) for the offence punishable 2 under Sections 120-B, 409, 420, 467, 468, 471, 472, 473, 474, 475 of IPC and Section 3 & 4 of The Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 6 & 10 of The Chhattisgarh Protection of Depositors Interest Act, 2005. 2. Case of the prosecution, in brief, is that a complaint has been filed alleging that Satin Credit Care Network Limited Company branch is in Baikunthpur, which gives loans, the then Branch Manager of the said company Om Prakash Singh alongwith other accused Sunita Sahu, Devendra Kori, Chaman Bhardwaj, Neelkamal, Sunil Sahu, by luring 478 women beneficiaries with the promise of giving them jobs in a Dona Factory, sanctioned a loan of Rs. 1,92,46,000/- of the said beneficiaries and used the same for themselves. On the complaint of the applicant Lal Das Singh, Regional Manager, Crime No. 320/2024 under the aforesaid sections. During the investigation of the case, it has also come to light that the applicant/accused Sunita Singh alongwith her husband Neelkamal has deceived 478 women beneficiaries by luring them to open their accounts and has played an active role in committing the crime. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and she has been falsely implicated in offence in question, her name is implicated only because she is wife of Nillamal, who is also an accused in the present case. He further submits that there are two cases registered against the applicant, out of which one is present case and in another case, she has been granted bail by this Court vide order dated 20.12.2024 in MCRC No.8158 of 2024. The applicant is in jail since 21.09.2024, charge- 3 sheet has not been filed in the present case. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has not been filed in the present case. He further submits that applicant alongwith other co-accused persons by luring 478 women beneficiaries with the promise of giving them jobs in a Dona Factory, sanctioned a loan of Rs. 1,92,46,000/- of the said beneficiaries and used the same for themselves, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 21.09.2024, the fact that though the allegation against the applicant that she alongwith other co-accused persons by luring 478 women beneficiaries with the promise of giving them jobs in a Dona Factory, sanctioned a loan of Rs. 1,92,46,000/- of the said beneficiaries and used the same for themselves, but present applicant is lady, husband of applicant, who is also co-accused in the present case is already confined in jail, further considering the fact that there are two cases registered against the applicant, out of which, one is present case and in another case, she has been granted bail by this Court vide order dated 20.12.2024 in MCRC No.8158 of 2024, further charge-sheet has not been filed in the present case, this Court is of the view that the applicant is entitled to 4 be released on bail in this case. 7. Let the Applicant-Smt. Sunita, involved in Crime No. 320/2024 registered at Police Station Baikunthpur, District- Koriya (C.G.) for the offence punishable under Sections 120-B, 409, 420, 467, 468, 471, 472, 473, 474, 475 of IPC and Section 3 & 4 of The Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 6 & 10 of The Chhattisgarh Protection of Depositors Interest Act, 2005, be released on bail on her 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil