Bhagat Singh Gali, Pathraguda, Jagdalpur Bastar C.G v. State Of Chhattisgarh Through The Police Station Devendra Nagar, District
Case Details
1 2025:CGHC:31712 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5334 of 2025 Nitin Dewangan S/o Mr. Jeevandas Dewangan, Aged About 38 Years R/o 81, Bhagat Singh Gali, Pathraguda, Jagdalpur Bastar C.G. ... Applicant versus State Of Chhattisgarh Through The Police Station Devendra Nagar, District – Raipur, C.G. ---- Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Raza Ali, Advocate. Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 09.07.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 60/2025, registered at Police Station – Devendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 316(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complaint for the recovery of Rs.3,98,000/- has been made and made averments therein that in the year 2022 in HDFC Bank Paras Nagar, Raipur an amount of Rs. 2 25,00,000/- has been transferred from the account of one person namely Shiv Kumar Agrawal and for which the said person visited the bank and reported that the said transaction has not been done by him and on that basis the inquiry has been conducted by the Bank HDFC and found that the said transaction was done through the cheque of the account holder but found that the applicant was posted as operation manager and the role of the applicant was suspicious and apart from the said account holder the other 5 account holders amounts has also been transferred amounting to total Rs. 82,83,000/- for that reason departmental inquiry has been initiated and the applicant has clearly stated that the said transaction has been done by account holder itself, however under protest the applicant has deposited the amounts of Rs. 78,85,000/- under protest in the month of February 2023 and for the remaining amount of Rs. 3,98,000/- the present complaint has been made and the Police has registered the offences. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the present applicant under protest has deposited the entire amount i.e. earlier in February 2023 an amount of Rs. 78,85,000/- and now in 2025 the remaining amount of Rs. 4,00,000/- has been deposited, and the deposition of amount is an admitted position in the charge-sheet. The applicant is in jail since 20.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered 3 against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the complaint for the recovery of Rs.3,98,000/- has been made and made averments therein that in the year 2022 in HDFC Bank Paras Nagar, Raipur an amount of Rs. 25,00,000/- has been transferred from the account of one person namely Shiv Kumar Agrawal and for which the said person visited the bank and reported that the said transaction has not been done by him and on that basis the inquiry has been conducted by the Bank HDFC and found that the said transaction was done through the cheque of the account holder but found that the applicant was posted as operation manager and the role of the applicant was suspicious and apart from the said account holder the other 5 account holders amounts has also been transferred amounting to total Rs. 82,83,000/- for that reason departmental inquiry has been initiated and the applicant has clearly stated that the said transaction has been done by account holder itself, however under protest the applicant has deposited the amounts of Rs. 78,85,000/- under protest in the month of February 2023 and for the remaining amount of Rs. 3,98,000/- the present complaint has been made and the Police has registered the offences, therefore, he is not entitled for grant of bail. 5. 6. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the present applicant under protest has deposited the entire amount i.e. 4 earlier in February 2023 an amount of Rs. 78,85,000/- and now in 2025 the remaining amount of Rs. 4,00,000/- has been deposited, and the deposition of amount is an admitted position in the charge-sheet, the applicant is in jail since 20.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Nitin Dewangan, involved in Crime No. 60/2025, registered at Police Station – Devendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 316(5) and 318(4) of the BNS, 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 5 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. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar