Order on Board

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. 532/2025 registered at Police Station Pulgaon, District – Durg (C.G.), for the offence punishable under Sections 420, 409 and 406 of the Indian Penal Code (IPC).

2. The case of the prosecution, in brief, is that the complainant, Divya Sahu, a resident of Village Kotni, District Durg, and President of the Mahila Swa Sahayta Samuh, lodged a report at Police Station Pulgaon alleging that the present applicant had cheated the Mahila Swa Sahayta Samuh and other Mahila Samuhs by defrauding them of an amount of Rs. 13,87,800/-. It is alleged that the accused dishonestly retained the loan amount given by the group with himself instead of depositing the same in the bank. During the course of investigation, the aforementioned three accused persons were arrested. On the basis of the said report, the police registered an offence under Sections 420, 409, and 406 of the I.P.C. After completion of the investigation, a charge sheet was filed before the learned J.M.F.C., Durg, District Durg (C.G.).

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 as per the First Information Report and upon perusal of the entire challan, it does not appear that the present applicant has committed the alleged offence. No specific allegations have been levelled against the present applicant. He also submits that the applicant has been falsely implicated on the basis of a fabricated memorandum. It is submitted that the applicant was forcibly taken to the police station on 05.11.2025, i.e., one day prior to the registration of the FIR, and his signatures were obtained on blank papers. Thereafter, the FIR was registered on the following day. It is further submitted that, under pressure from the police, other Mahila Samuhs of the village were induced to file false complaints in a single day, alleging that the incident had occurred 2–3 days earlier, thereby fabricating a case against the applicant. He submits that the present applicant has not committed any offence under Sections 420, 409, and 406 of the I.P.C., as the essential ingredients of the said offences are not made out against him. It is further submitted that the applicant was neither involved in nor present during any transaction of the alleged loan. He further submits that the present applicant has only 01 criminal antecedent except the present case which is also listed today before this Court for hearing. He submits that the present applicant has been in jail since 06.11.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.

4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. He submits that the present applicant has 01 more criminal antecedent of the similar nature, which shows that the present applicant is a habitual offender, therefore, he is not entitled for grant of regular bail in the present case.

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, wherein the allegation against the present applicant, is that she dishonestly misappropriated and retained an amount of Rs. 13,87,800/- belonging to the Mahila Swa Sahayta Samuh and other groups, instead of depositing the same in the bank, and further considering the fact that the present applicant has one criminal antecedent apart from the present case, which is also listed before this Court for hearing today. Moreover, the fact that the charge-sheet has already been submitted before the competent Court, the applicant has bee