Chattisgarh High Court
Devkumar Acharya vs State Of Chhattisgarh on 10 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2026:CGHC:11480
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2098 of 2026
Devkumar Acharya S/o Mahendra Acharya Aged About 20 Years R/o H.
No. 2051, Ward No.06, Wrs, Colony Khamtarai Raipur Dist- Raipur C.G.
... Applicant(s)
versus
State Of Chhattisgarh Through- The Station House Officer, Ganj Dist-
Raipur C.G.
... Respondent(s)
For Applicant(s) : None.
For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/03/2026
1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out.
2. It transpires from the record that the applicant is in jail since 26.03.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel.
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3. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 79/2025 registered at Police Station Ganj Dist- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of Bharatiya Nyaya Sanhita (for short 'BNS').
4. Case of the prosecution, in brief, is that on the basis of a letter received from the Cyber Range, forty-one account holders were arrayed as accused as certain amounts were transferred into their respective bank accounts. However, the case of the present applicant stands on a different footing, as it is alleged that the applicant had provided his bank account kit to another person, on the basis of which he has been implicated in the aforesaid offence. Hence, the bail application.
5. It transpires from the bail application that the first bail application of the applicant was rejected by this Court on merits vide order dated 17.12.2025 passed in MCRC No.9414 of 2025, thereafter, the applicant has preferred the present second bail application on the ground that similarly situated co-accused, namely, Bhagwat Prasad Shukla has been granted bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.20364 of 2025 vide order dated 16.01.2026 and thereafter, on the basis of the same co-accused, namely, Danka Kameshwar Rao has also been granted bail by this Court vide order dated 09.02.2026 in MCRC 3 No.1414 of 2026, therefore, he prays that on the ground of parity, present applicant be also enlarged on bail.
6. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly provided his bank account kit to another person, on the basis of which certain amounts related to the alleged cyber fraud were transferred into his bank account, but could not dispute the fact that co-accused has been granted bail by the Hon'ble Supreme Court.
7. I have perused the case diary.
8. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 17.12.2025 in MCRC No. 9414 of 2025 considering the prima facie active involvement of the applicant in an organised inter-State cyber fraud, the huge amount of about Rs. 3.91 crore credited and withdrawn through his bank account, and his admission of providing the bank account for illegal use in lieu of money, but considering the fact that similarly situated co-accused, namely, Bhagwat Prasad Shukla has been granted bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.20364 of 2025 vide order dated 16.01.2026 and thereafter, on the basis of the same co-accused, namely, Danka Kameshwar Rao has been 4 granted bail by this Court vide order dated 09.02.2026 in MCRC No.1414 of 2026, further the applicant is in judicial custody since 26.03.2025, as such, this Court is of the view that the applicant is entitled to be released on bail in this case.
9. Accordingly, the application is allowed.
10. Let the Applicant-Devkumar Acharya, involved in Crime No. 79/2025 registered at Police Station Ganj Dist- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of Bharatiya Nyaya Sanhita (for short '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 proclamation, then, the trial 5 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.
11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.
12. After passing of the order, Mr. Raza Ali, learned counsel for the applicant, appeared and submitted that his presence may kindly be marked.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE Akhil