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2026:CGHC:14960

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 2285 of 2026

1. Niyojit Biswas S/o Arun Biswas Aged About 34 Years R/o House No.

B-13-67, Kalyani Nadia Kalyani. (West Bangal)741235 ... Applicant

versus

1. State Of Chhattisgarh Through Station House Officer P.S.- Vidahan Sabha District- Raipur (C.G.)

2. Indian Bank Through Branch Manager, Branch Dondekhurd, Raipur District Raipur (C.G.)

... Respondent(s)

For Applicant : Mr. Mohammed Fayzan Khan, Advocate For State : Mr. Krishna Gopal Yadaw, Dy. Government

Advocate with Ms. Sonia Kuldeep, Panel Lawyer For Respondent : Mr. Saleem Kazi, Advocate

No. 2

Hon'ble Shri Justice Narendra Kumar Vyas

Order On Board

01.04.2026

1. The applicant has preferred this Third Bail Application under Section

483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested on 12.02.2025 in connection with Crime No. 392/2023, registered at Police Station Vidhan Sabha, District - Raipur (C.G.) for the offence punishable under Section 409

of Indian Penal Code.

Digitally signed by MANISH MANISHYADAV YADAV Date:

2026.04.01

18:18:55 +0530

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2. First bail application filed by the applicant bearing MCRC No. 469 of

2024 was dismissed as withdrawn with liberty to file after some time vide order dated 29.04.2025. Second bail application filed by the applicant bearing MCRC No. 4848 of 2025 has been rejected vide

order dated 20.08.2025 on merit.

3. Case of the prosecution, in brief, is that the then Branch Manager of

Indian Bank Dondekhurd, Raipur lodged the complaint in Police Station Vidhanshab alleging that earlier Branch Manager i.e. the applicant has withdrawn the amount from various accounts maintained by the customers of the bank to the tune of Rs. 1,93,81,637/- till lodging of the FIR on 04.11.2023. It is also case of the prosecution that he has misappropriated total amount of Rs. 2,13,71,637/- out of which he has returned Rs. 19,90,000/- to various accounts maintained by self help groups who are customers of the bank and thus committed offence of embezzlement. It is also case of the prosecution that the applicant has transferred the said amount to his own State Bank account bearing account No. 34649196764 through RTGS/NEFT. On the basis of the complaint, FIR under

Section 409 of the IPC was registered against the applicant.

4. Learned counsel for the applicant would submit that the prosecution

case is far from the truth and they have made false allegation and the amount which has been shown is exaggerated amount and the documents submitted by the bank clearly reflect that they have deliberately concealed the fact and have shown excess amount. He would further submit that the allegation made against the applicant regarding misappropriation of fund of Rs. 2,13,71,637/- is in correct.

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He would further submit that the applicant has refunded Rs. 1,23,22,796/- to the bank as evident from proposal for reimbursement/compensation/write off to customers on account omission/commission attributable to bank without collusion or connivance on their part dated 28.05.2025 wherein it has been mentioned that recovery of Rs. 1,23,22,796/- whereas total misappropriated amount is Rs. 2,13,71,637/- by the applicant is incorrect factual matrix. He would further submit that along with the applicant other four bank employees are also involved in the commission of offence as reflected from the report submitted before the trial Court, but no FIR has been lodged against them by the Bank. He would further submit that applicant is in jail since 12.02.2025, thus, he remained in jail for more than 1 year and 1 month and only 10 witnesses out of 47 witnesses have been examined and trial may take sometime and would pray for releasing

the applicant on bail.

5. On the other hand, learned State counsel opposes the bail

application and supported the contentions of the bank and would submit that during investigation it has been found that the applicant has misappropriated the public f