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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
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
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
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
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
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
