Chattisgarh High Court
Ajay Kumar Thakur vs State Of Chhattisgarh on 25 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:14270
NAFR
KUNAL
HIGH COURT OF CHHATTISGARH AT BILASPUR
DEWANGAN
MCRC No. 2806 of 2026
Digitally
signed by
KUNAL
DEWANGAN
Ajay Kumar Thakur S/o Vijay Thakur Aged About 40 Years R/o B S U P
Colony, Block No. 02, Room No. 23, P.S. Amanaka, Raipur, C.G.
... Applicant
versus
State of Chhattisgarh Through Police Station- Azad Chowk, District -
Raipur, C.G.
... Non-applicant
For Applicant : Mr. Arvind Panda, Advocate.
For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
25/03/2026
1.This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 78/2025 registered at Police Station- Azad Chowk, District Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of Bhartiya Nyaya Sanhita, 2023 (for short, 'BNS').
2. The case of the prosecution, in brief, is that an information was received from the Ministry of Home Affairs, Government of India, regarding investigation into various mule account holders, by the 2 Superintendent of Police, Cyber Range, District Raipur. Acting upon the said information, it was revealed that offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS had been committed. It is further the case of the prosecution that, pursuant to directions issued by the Cyber Crime Coordination Centre (I4C), Ministry of Home Affairs, relevant data concerning cyber offences was made available on the designated coordination portal for the purpose of analysis and investigation. The said portal reflected details of mule bank accounts allegedly being used for committing offences of cheating and for deriving wrongful gain.
3. Upon scrutiny of the information available on the portal, it was found that as many as 21 bank accounts maintained in Indian Overseas Bank, Branch Samta Colony, Raipur (IFSC Code: IOBA0002984), were involved in fraudulent transactions. Based on the said information, an FIR was registered at Police Station Azad Chowk, District Raipur, and investigation was undertaken. After completion of the investigation, sufficient material having been found against the accused persons, a charge-sheet has been filed before the competent court. Hence, the present application.
4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that he has not been involved in any fraudulent or criminal activity, nor has he committed any act against the complainant. Although a charge-sheet has been filed, there is no substantive or incriminating material available on record to establish 3 his involvement in the alleged cyber fraud. It is further submitted that the FIR is based on information received from the Ministry of Home Affairs and the investigation conducted by the Cyber Range itself, however, despite the allegations relating to cyber fraud, the Investigating Officer has failed to properly establish any cyber link or connect the applicant with any digital or financial transaction.
5. It is further submitted that the applicant has been in judicial custody since 26.03.2025, the investigation is complete, and the trial is presently at the stage of evidence. There is no requirement for further custodial interrogation. Apart from mere reference to bank accounts, no material has been placed on record to show the applicant's involvement in the alleged offence. Moreover, similarly placed co-accused persons have already been granted bail, including one who has been enlarged on bail by the Hon'ble Supreme Court, thereby entitling the present applicant to parity.
6. It is also contended that continued incarceration of the applicant is violative of his fundamental right to personal liberty and is likely to adversely affect his mental condition. The applicant undertakes to cooperate with the trial and abide by all conditions imposed by this Court. He is ready to furnish adequate surety and reserves his right to raise additional grounds at the time of hearing. Therefore, it is prayed that the applicant be released on bail.
7. On the other hand, learned counsel for the State submits that the applicant is involved in a serious offence relating to organized cyber fraud involving multiple mule bank accounts used for unlawful 4 financial transactions, and therefore, considering the gravity and nature of the offence, he does not deserve to be enlarged on bail. It is contended that the investigation has revealed the use of several bank accounts for commission of cheating and wrongful gain, and the applicant is part of the said network. However, the State fairly concedes that similarly placed co-accused persons have already been granted bail by this Court as well as by the Hon'ble Supreme Court, and does not seriously dispute the claim of parity raised by the applicant.
8. I have heard learned counsel appearing for the parties and perused the case diary.
9. Taking into consideration the facts and circumstances of the case, particularly the nature of allegations that the applicant is sought to be implicated in an alleged cyber fraud case primarily on the basis of information obtained from a centralized portal and the reference to certain bank accounts, without any specific material demonstrating his direct involvement in the alleged fraudulent transactions; coupled with the fact that the investigation has been completed and the charge-sheet has already been filed before the competent Court; further considering that the applicant is in judicial custody since 26.03.2025 and no further custodial interrogation is required; and also taking note of the fact that similarly placed co- accused persons have already been enlarged on bail by this Court as well as by the Hon'ble Supreme Court, thereby entitling the present applicant to the benefit of parity; without expressing any 5 opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
10. Accordingly, the bail application of the applicant is allowed.
11. Let the applicant - Ajay Kumar Thakur, involved in Crime No. 78/2025 registered at Police Station- Azad Chowk, District Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of 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 sufficient 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 6 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 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.
12. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.
- S/- Sd/-
(Ramesh Sinha)
Chief Justice
Kunal