Dhaneshwar Sahu vs State Of Chhattisgarh

The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in connection with Crime No. 27/2024 registered at Police Station Gatapar, District Khairagarh-Chhuikhadan-Gandai (C.G.), for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code, 1860.

As per the case of the prosecution, on 28.06.2024, a written report was lodged by Prakash Chand Mahobiya, Branch Manager of District Cooperative Central Bank Limited, Rajnandgaon, alleging that the present applicant, while working as Assistant Manager from 01.04.2024 to 28.05.2024, failed to deposit an amount of ₹1,09,44,706/- collected from 214 agriculturists. As only Rs. 83,838/-was found deposited, an amount of Rs. 1,08,61,268/- was allegedly misappropriated. On the basis of the said complaint, the aforesaid offence was registered against the applicant.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence. He would submit that the applicant was hospitalized for several months due to an accident and could not defend himself in the matter. He would further submit that the applicant was merely a computer operator and had no role in the alleged financial irregularities, as the entries could not be made due to lack of technical arrangements and the relevant records were also not examined by the concerned officers and employees of the Cooperative Society. Therefore, the applicant has been falsely implicated in the present case. He would further submit that in the present case, charge-sheet has not been filed and the applicant has only one criminal antecedent, registered in the year 2012. The applicant is in jail since 30.07.2026 and the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicant.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the present applicant remained absconding for more than two years and surrendered on 30.07.2026, whereafter he has been in jail. He would further submit that there are serious allegations of embezzlement of ₹1,08,61,268/- against the applicant, which was allegedly collected from 214 agriculturists but was not deposited in the bank. Therefore, he submits that the bail application deserves to be dismissed.

I have heard learned counsel appearing for the parties and perused the case diary.

Having considered the facts and circumstances of the case, the fact that the applicant remained absconding for more than two years and serious allegations levelled against him regarding misappropriation of an amount of Rs. 1,08,61,268/- collected from 214 agriculturists, which was allegedly not deposited in the bank and looking to the nature and gravity of the allegations, the role attributed to the applicant and the manner in which the alleged offence was committed, I am not inclined to grant bail to the applicant at this stage.

Accordingly, the bail application filed by the applicant under Section 483 of BNSS, involved in Crime No. 27/2024 registered at Police Station Gatapar, District Khairagarh-Chhuikhadan-Gandai (C.G.), for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code, 1860, is rejected.