Koriya, Chhattisgarh v. State Of Chhattisgarh Through
Case Details
1 2025:CGHC:11802 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1953 of 2025 Neelkamal S/o Ashok Kumar Rai Aged About 27 Years Occupation- Service, R/o Kachaharipara, Baikunthpur, Permanent Address- Baisagarpara, P.S. / Tehsil - Baikunthpur , District- Koriya, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through - The Police Of Baikunthpur, District- AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Koriya (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Sashwat Gupta, Advocate. For Respondent(s) : Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/03/2025 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 and 4 of The Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 6 and 10 of The Chhattisgarh Protection fo Depositors Interest Act, 2005. 2. Case of the prosecution, in brief, is that a complaint has been filed against Satin Credit Care Network Limited's branch in Baikunthpur, alleging a significant loan scam. The accused, including former Branch Manager Om Prakash Singh and others, are said to have lured 478 women with promises of jobs in a Dona factory, sanctioning a loan of Rs. 1,92,46,000. Instead of using the funds for the intended purpose, they allegedly used it for personal gain. The complaint was filed by Lal Das Singh, Regional Manager, aforesaid offence has been registered against the applicant for cheating, conspiracy, and criminal breach of trust. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that one of the identically situated co-accused, namely, Smt. Sunita has already been granted regular bail by this Court vide order dated 21.01.2025 in MCRC No.551/2025, copy of which is annexed as Annexure A-2. The applicant is in jail since 22.11.2024, the applicant has one criminal antecedent of identical nature, in which, applicant has been granted bail, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. He further submits that applicant alongwith other co- accused person were alleged to have lured 478 women with promises of providing them jobs in Dona factory, sanctioning a loan of Rs. 1,92,46,000 and instead of using the funds for the intended purpose, they allegedly used it for personal gain, therefore, he 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 22.11.2024, the fact that though the applicant alongwith other co-accused person were alleged to have lured 478 women with promises of providing them jobs in Dona factory, sanctioning a loan of Rs. 1,92,46,000 and instead of using the funds for the intended purpose, they allegedly used it for personal gain, but one of the co- accused persons, namely, Smt. Sunita has already been granted regular bail by this Court vide order dated 21.01.2025 in MCRC No.551/2025, copy of which is annexed as Annexure A-2, so far as criminal antecedent of the applicant is concerned, applicant has only one criminal antecedent, in which he has been granted bail, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Neelkamal, 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, 4 471, 472, 473, 474, 475 of IPC and Section 3 and 4 of The Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 6 and 10 of The Chhattisgarh Protection fo Depositors Interest Act, 2005, 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 sufÏcient 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail 5 and proceed against him 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