Citation : 2026 Latest Caselaw 344 Chatt
Judgement Date : 11 March, 2026
1
2026:CGHC:11709
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2286 of 2026
Abhishek Thakur @ Golu S/o Santosh Thakur Aged About 23 Years R/o Near
Yug Nirman School, Ward No 32, Camp 2, Bhilai, Police Station Chhavni,
(Power House) District Durg, Chhattisgarh
... Applicant
versus
State of Chhattisgarh Through Police Station Rajim, District Gariyaband,
Chhattisgarh
... Non-applicant
For Applicant : Mohammad Afroz Athar, Advocates.
For Non-Applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
11.03.2026
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
ABHISHEK SHRIVAS SHRIVAS Date:
2026.03.12 10:59:35 +0530 who has been arrested in connection with Crime No. 145/2025 registered
at Police Station Rajim, District - Gariyaband, (C.G.), for the offences
punishable under Sections 317(2), 317(4), 318(4), 111, 61(2)(a) and
3(5) of the Bhartiya Nyaya Sanita, 2023.
2. As per the prosecution story, FIR No. 145/2025 was registered under
Sections 317(2), 317(4), 318(4), 111, 61(2)(a), and 3(5) of the BNS
against the holders of seven bank accounts, namely: (1) 60493931643,
(2) 60491638398, (3) 60509340556, (4) 60509274354, (5)
60515824007, (6) 60493928857, and (7) 60487661902. It was alleged
that from 30.05.2024 to 17.03.2025, a total transaction of Rs.
4,16,96,238/- (Rupees Four Crore Sixteen Lakh Ninety-Six Thousand
Two Hundred Thirty-Eight) was made in these alleged "mule" bank
accounts from different States of the country, which were allegedly
obtained by creating online fraud. During the course of investigation, the
present applicant was arrested on the allegation that he had provided his
mobile SIM card and bank account to co-accused Chandan Kumar
Vishwakarma for a consideration of Rs. 12,000/- (Rupees Twelve
Thousand), allegedly knowing that his bank account and mobile SIM
card could be used for illegal money transactions. It is further alleged
that, on the suggestion of the present applicant, co-accused Laxmikant
Sahu also provided his own bank account and mobile SIM card, as well
as those of three other persons (total four), to co-accused Chandan
Kumar Vishwakarma, for which the present applicant allegedly received
Rs. 20,000/- (Rupees Twenty Thousand) as commission.
3. Learned counsel for the applicant submits that the present applicant is
innocent and has been falsely implicated in the aforesaid case. He
submits that the other co-accused person, namely Chandan Kumar
Verma has already been granted regular bail by this Court in MCRC No.
1758 of 2026 vide order dated 19.02.2026. Therefore, he submits that
the present applicant is also entitled to be released on regular bail on the
ground of parity.
4. On the other hand learned State counsel opposes the bail application of
the present applicant and submits that the charge-sheet has already
been submitted 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 that
the other co-accused person, namely, Chandan Kumar Verma has
already been granted regular bail by this Court in MCRC No. 1758 of
2026 vide order dated 19.02.2026. Also considering the fact that the
charge - sheet has already been submitted in the present case before the
competent Court and he has been in jail since 22.11.2025 and the
conclusion of the trial may take some more time. Therefore, this Court is
of the view that the present applicant is entitled to be released on bail in
this case on the ground of parity.
7. Let the Applicant - Abhishek Thakur @ Golu, involved in Crime No.
145/2025 registered at Police Station Rajim, District - Gariyaband,
(C.G.), for the offences punishable under Sections 317(2), 317(4),
318(4), 111, 61(2)(a) and 3(5) of the Bhartiya Nyaya Sanita, 2023, be
released on bail on his furnishing 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.
8. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
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