Nafr High Court
Case Details
1 2025:CGHC:35649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5497 of 2025 Yogesh Patel S/o Ramprasad Patel Aged About 41 Years R/o House No. 09, Shristi Block Sector-02 Avanti Vihar, Raipur At Present Indian Overseas Bank, Branch Kesla, Kharora, Raipur, District Raipur Chhattisgarh versus ... Applicant State Of Chhattisgarh Through Economic Offences Wing/ Anti Corruption Bureau, Raipur, District Raipur Chhattisgarh ... Non-applicant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.24 19:05:09 +0530 For Applicant
Legal Reasoning
: Mr. Manoj Paranjpe, Advocate. For Non-applicant/State : Mr. Ramakant Mishra, Dy. Solicitor General for Union of India. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2025 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. 01/2023 registered at Police Station Economic Offences Wing/Anti Corruption Bureau, , Raipur, District – Raipur (C.G.), for the offence punishable under Sections 409, 467, 468, 471, 120-B, 201 of IPC and Section 13(1) (A) of the Prevention of Corruption Act, 1988. 2. That, as per the case of the prosecution, the F.L.R. of the incident was 2 lodged on the instance of Anil Kumar Valecha, Senior Regional Manager, Indian Overseas Bank, Regional Office Raipur dated 15.02.2023, the F.I.R. was lodged inter alia on the allegations that, Ankita Panigrahi Assistant Manager and Branch Manager Sunil Kumar along with Clerk/Cashier Yogesh Patel (applicant herein) and Kheman Lal Kanwar have misappropriated the amount of the account holders. 3. It has been alleged that the Branch Manager between 02.12.2022 to 09.02.2023 have sanctioned 25 false jewel loan without there being any document, voucher, security and without there being any request of the customers and the same has been used for the personal benefits. It has been alleged that, during the said period the fixed deposit of 3 saving bank account holders have been closed and the amount through RTGS was transferred to the account of Ankita Panigrahi. Likewise, the amount from the 11 saving account holders have been transferred without there consent to her own account and thereby in total cause loss to the Bank to the tune of Rs. 1,65,44,000/-. ANNEXURE A/2 is the Copy of the final report. 4. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that The applicant, who worked as a cashier, denies any involvement in the alleged offence, asserting he has been falsely implicated. The actual misconduct was committed by Assistant Branch Manager Ankita Panigrahi, who misused the applicant’s password to misappropriate funds and sanction loans; none of the money was transferred to the applicant’s account. A departmental 5. 6. 7. 3 enquiry resulted in Ankita’s suspension and charge sheet, while the applicant received a minor penalty of pay reduction due to his limited role. Bank statements confirm the funds were credited to Ankita’s account, not the applicant’s. Another clerk also faced similar disciplinary action. The applicant is a permanent resident of Raipur and is willing to provide surety and comply with any court conditions. and he is in jail since 21.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge -sheet has already been submitted before the competent Court in the present case, therefore, he is not entitled for grant of regular bail. I have heard learned counsel for the parties and perused the case diary. Taking into consideration the facts and circumstances of the case, it is submitted by the counsel for the applicant that the applicant, along with the co-accused, was working at the Overseas Bank, Regional Office, Raipur. The applicant allegedly shared his login password with the co- accused, who thereafter misused the same to withdraw money in the form of gold loan, which was passed on to Ankita Panigrahi, who is also presently in judicial custody. It is further submitted that a departmental inquiry was conducted, in which the applicant was found guilty only of sharing his login password. Moreover, it is noted that the charge-sheet has already been filed before the competent Court, and the applicant has been in judicial custody since 21.04.2025 and 4 conclusion of the trial is likely to take some time, this Court is of the considered opinion that the applicant is entitled to be released on bail. 8. Let the Applicant – Yogesh Patel , involved in Crime No. 01/2023 registered at Police Station Economic Offences Wing/Anti Corruption Bureau, , Raipur, District – Raipur (C.G.), for the offence punishable under Sections 409, 467, 468, 471, 120-B, 201 of IPC and Section 13(1) (A) of the Prevention of Corruption Act, 1988, be released on bail on his furnishing personal bond with two local 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 sufficient cause, the trial court may proceed against his 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, 5 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 sufficient 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. Office 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 vaibhav