Nafr High Court
Case Details
1 2025:CGHC:16466 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2786 of 2025 Om Prakash Singh S/o Arun Kumar Singh Aged About 28 Years R/o Vil- lage- Dhad, Police Station- Semariya, District- Rewa (M.P.) versus ... Applicant State of Chhattisgarh Through Station House OfÏcer, Police Station- Baikunthpur, District- Koriya Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Dharmesh Shrivastava, Advocate For Non-applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Shri Ramesh Sinha , Chief Justice RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 08.04.2025 Order on Board 1. Proceedings of this matter have been taken through video conferencing. 2. 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 under Sections 409, 420, 120-B, 467, 468, 471, 472, 473, 474, and 475 of the Indian Penal Code; Sections 3 and 4 of the Prize Chits 2 and Money Circulation (Banning) Act, 1978; and Sections 6 and 10 of the Chhattisgarh Protection of Depositors’ Interest Act, 2005. 3. Case of the prosecution, in brief, is that the Branch Manager of Satin Credit Care Network Limited, Baikunthpur Branch, lodged a report at Police Station Baikunthpur, District Koriya, alleging inter alia that the former Branch Manager, Om Prakash Singh, along with other employees of the branch, namely Devendra Kori, Chaman Bhardwaj, Neelkamal, Sunita, and Sunil Sahu, committed the offence of obtaining wrongful gain by disbursing loans into their own accounts, which were originally sanctioned in the names of 478 different beneficiaries. It is alleged that the accused persons prepared forged loan agreements in the names of the beneficiaries and lured them under the pretext of granting personal loans, but no actual loan amount was given to any of the beneficiaries. Further, it is alleged that on 29.11.2023, when co-accused Devendra Kori went on vacation, the current Branch Manager grew suspicious of possible misuse of loan funds. Consequently, an internal inspection was conducted, and during verification, the named beneficiaries were questioned regarding the loans and the refund thereof. During this process, it came to light that a total amount of Rs. 1,92,46,000/- had been fraudulently withdrawn by the present applicant and the co-accused persons in the names of 478 beneficiaries. Though some of the loan amounts had been repaid until February, an outstanding amount of Rs. 1,24,56,000/- remains unpaid, and the accused persons have stopped repaying the said amount. Based on the written complaint lodged by the Branch Manager of Satin Credit 3 Care Network Limited, the police registered an FIR bearing Crime No. 320/2024 for offences punishable under Sections 420, 120-B, and 409 of the Indian Penal Code, and commenced an investigation. During the course of investigation, the police recorded memorandum statements of the accused persons, seized certain documents/articles, arrested the applicant and co-accused persons, and recorded statements of witnesses. Upon completion of the investigation, a charge sheet was filed before the learned Sessions Judge, Baikunthpur, District Koriya (C.G.) for offences punishable under Sections 409, 420, 120-B, 467, 468, 471, 472, 473, 474, and 475 of the Indian Penal Code; Sections 3 and 4 of the Prize Chits and Money Circulation (Banning) Act, 1978; and Sections 6 and 10 of the Chhattisgarh Protection of Depositors’ Interest Act, 2005. Subsequently, the case was transferred and is now registered as Special Criminal Case No. 01/2025, which is pending before the learned Special Judge under the Chhattisgarh Protection of Depositors’ Interest Act, Baikunthpur, District Koriya (C.G.) for trial. 4. 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 similarly situated co-accused persons, namely, Chaman Bhardwaj, Neelkamal, Sunil Sahu and Smt. Sunita have already been granted bail by this Court vide orders dated 21.03.2025, 10.03.2025, 06.03.2025 and 21.01.2025 in MCRC Nos. 2260/2025, 1953/2025, 1809/2025 and 551/2025 respectively. The applicant is in jail since 14.02.2025, the applicant 4 has no criminal antecedent, 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 on the ground of parity. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has 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 Dona Factory, sanctioned a loan of Rs.1,92,46,000/- of the said beneficiaries and used the same for themselves, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 25.12.2024, the fact that applicant alongwith other co- accused persons by luring 478 women beneficiaries with the promise of giving them jobs in Dona Factory, sanctioned a loan of Rs.1,92,46,000/- of the said beneficiaries and used the same for themselves, but other of the co-accused persons, namely, Chaman Bhardwaj, Neelkamal, Sunil Sahu and Smt. Sunita have already been granted bail by this Court vide orders dated 21.03.2025, 10.03.2025, 06.03.2025 and 21.01.2025 in MCRC Nos. 2260/2025, 1953/2025, 1809/2025 and 551/2025 respectively and the case of present applicant is identical to that of the co-accused persons, further applicant has no criminal antecedent and charge-sheet has 5 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. 8. Let the Applicant- Om Prakash Singh, involved in Crime No. 320/2024 registered at Police Station Baikunthpur, District- Koriya, (C.G.) for the offence punishable under Sections 409, 420, 120-B, 467, 468, 471, 472, 473, 474, and 475 of the Indian Penal Code; Sections 3 and 4 of the Prize Chits and Money Circulation (Banning) Act, 1978; and Sections 6 and 10 of the Chhattisgarh Protection of 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. 6 (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 and proceed against him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice