Police Station Gandhi Nagar District Sarguja (C.G.) v. State of Chhattisgarh Through Police Station, Kusmi District
Case Details
1 2025:CGHC:29232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5002 of 2025 Vikas Chandra Pandavi S/o Late Kalidaa Pandavi Aged About 71 Years R/o Subhasnagar Police Station Gandhi Nagar District Sarguja (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station, Kusmi District- Balrampur Ramanujganj (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.06.2025 1. This is the first bail application filed 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. 39/2025 registered at Police Station Kusmi, District Balrampur - Ramanujganj (C.G.), for the offence punishable under Sections 409, 420, 467, 468, 471, 120B and Section 34 of the Indian Penal Code. 2. The prosecution’s case, in brief, is that an FIR was registered on the basis of a letter issued by the Branch Manager of the District Cooperative Bank, Ambikapur. According to the complaint, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.01 10:57:46 +0530 2 present applicant was working as a Supervisor, while Ashok Kumar Soni was working as Assistant Chief Supervisor, and Attaval Singh, Vijay Kumar Uikey, and Shamal Sai were working as Branch Managers, along with other accused persons. It is alleged that amounts were misappropriated in 10 to 15 different accounts. When the above facts came to the knowledge of the Chief Executive OfÏcer, Shankargarh, a committee was constituted, and according to the inquiry report, there was misappropriation in 138 entries. It is also alleged that the misappropriation took place during the period from 2013-14 to 2023-24, and the total amount misappropriated has been calculated to be Rs. 26,47,82,462/-. After the registration of the FIR, the police arrested the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He submits that according to the case of the prosecution, the alleged misappropriation took place at the District Cooperative Central Bank, Kusmi, District Balrampur, and the applicant was posted at the Kusmi branch only from 26.04.2016 to 25.05.2016, in place of Jagdish Prasad (Accountant). He further submits that the applicant was earlier an employee of Bhumi Vikas Bank, and after its merger, the services of the applicant were transferred to Bhaiyathan, Surajpur, where he was directed to join due to medical emergencies of Branch Manager Jagdish (Accountant). However, the applicant was directed to join as Supervisor. The applicant discharged his duties only for a period of 28 to 30 days, and immediately thereafter, he was directed to join the District Cooperative Bank, Bhaiyathan, at his initial post. He also submits that the applicant, due to lack of experience, was posted at 3 the District Cooperative Bank, Bhaiyathan, only for one month, and he superannuated in the year 2017. The applicant was a newly appointed incumbent with respect to financial and other related work according to his service conditions. The main accused, Ashok Kumar Soni and Jagdish Prasad (Branch Manager), had the entire control and supervision of the branch. Prior to the order transferring the applicant to Kusmi, the appliant did not have any experience, which itself indicates that his transfer to Kusmi was only for the purpose of facilitating the misappropriation of the amount, and the applicant was being used by the main accused. He submits that the investigation indicates that a sum of Rs. 1,36,00,000/- was transferred into the account of Ashok Kumar Soni; however, no amount was transferred into the account of the applicant, which also indicates that the transfer order was planned prior to its execution. He further submits that the applicant is aged about 71 years and is suffering from serious health issues, and in the year 2024, he underwent angioplasty at NABH Hospital, Ambikapur, where a stent was placed after his heart surgery and he is in jail since 27.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has no submitted before the competent Court in the present case. He also submits that looking to the seriousness of the present case, the bail application of the applicant is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and 4 further the fact the though the charge-sheet has not submitted before the competent Court in the present case, the applicant is aged about 71 years and is suffering from serious health issues, and in the year 2024, he underwent angioplasty at NABH Hospital, Ambikapur, where a stent was placed after his heart surgery, moreover, the applicant is in jail since 27.05.2025, conclusion of the trial may takes some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Vikas Chandra Pandavi, involved in Crime No. 39/2025 registered at Police Station Kusmi, District Balrampur - Ramanujganj (C.G.), for the offence punishable under Sections 409, 420, 467, 468, 471, 120B and Section 34 of the Indian Penal Code, be released on bail on her furnishing 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. 5 (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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Abhishek Sd/- (Ramesh Sinha) Chief Justice