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Chattisgarh High Court
Devkumar Acharya vs State Of Chhattisgarh on 10 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
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.
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
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
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
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
