Citation : 2026 Latest Caselaw 596 Chatt
Judgement Date : 16 March, 2026
1
2026:CGHC:12524
Digitally
signed by
VAISHALI
VAISHALI LUCKY
LUCKY NAGARIA
NAGARIA Date: NAFR
2026.03.17
16:46:16
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1464 of 2026
• Purhottam Dewangan S/o Radhelal Dewangan Aged About 21 Years
R/o - Jayanti Nagar Near Karma Bhawan Durg District Durg ( C.G.)
... Applicant(s)
versus
• State of Chhattisgarh Through Police Station Civil Line Raipur
Distirct Raipur (C.G.)
... Respondent(s)
(Cause title is taken from Case Information System)
For Applicant(s) : Mr. F.S. Khare, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 16/03/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for
grant of regular bail to the applicant who has been arrested in
connection with Crime No.44/2025 registered at Police Station Civil
Lines, District Raipur (C.G.) for the offence punishable under
Sections 317(2), 317(4), 317(5), 111 & 3(5) of Bhartiya Nyaya
Sanhita, 2023.
2. Case of the prosecution, in brief, is that on 20.10.2025, a first
information report was lodged by the police of police station Range
cyber Thana Raipur stating that the accused persons being maul
bank account holders/facilitators, knowingly and intentionally
allowed their bank accounts to be used for receiving, concealing and
utilizing the proceeds of cyber fraud. As per information received
through the "Samanvay" Portal operated by the ministry of Home
affairs, Government of India and on the basis of an application from
the range cyber Thana Raipur, it was revealed that in Utkarsh Small
Finance Bank Branch a total amount Rs. 36,48,448 was obtained
through cyber fraud, deposited in 104 bank accounts during period
from 01.01.2024 to 31.12.2024. The said amount was subsequently
withdrawn and utilized by the account holders/facilitators who were
aware or had sufficient reason to believe that the money was
dishonestly obtained through fraudulent means by opening and
operating such accounts for the purpose of receiving and laundering
cyber fraud proceeds, the accused actively facilitated cyber offences,
thereby committed the offence punishable under section 317 (2), 317
(4) 317 (5), 111, 3 (5) of Bhatiya Nayay Sanhita.
3. Learned counsel for the applicant submits that the applicant has
been falsely implicated in this case. It is further submitted that
similarly situated co-accused, namely Harmeet Singh @ Yashmit, has
already been enlarged on bail by the Hon'ble Supreme Court in
Special Leave to Appeal (Crl.) No.15006/2025 vide order dated
19.11.2025 and further the fact that similarly situated co-accused
namely Om Arya has already been granted bail by this Court vide
order dated 27.11.2025 in MCRC No. 9388/2025. He would submit
that charge sheet has been filed in this case, the applicant is in jail
since 18/02/2025 and conclusion of trial will take some time,
therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail
application and he would submit that charge sheet has been filed in
this case before the competent court but he do not dispute the fact
that co-accused person has been granted bail by the Supreme Court
as also by this Court.
5. I have heard learned counsel appearing for the parties and perused
the case diary.
6. Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties and the fact that
similarly situated co-accused, namely Harmeet Singh @Yashmit, has
already been enlarged on bail by the Supreme Court in Special Leave
to Appeal (Crl.) No.15006/2025 vide order dated 19.11.2025 and
further the fact that similarly situated co-accused namely Om Arya
has already been granted bail by this Court vide order dated
27.11.2025 in MCRC No. 9388/2025 and further in the present case,
charge-sheet has been filed, applicant is in jail since 18/02/2025
and also considering the fact that trial is likely to take some time for
its conclusion, without further commenting anything on merits of the
case, I am inclined to grant bail to the present applicant on parity.
7. Accordingly, the bail application is allowed and it is directed that the
Applicant- Purshottam Dewangan involved in Crime No.44/2025
registered at Police Station Civil Lines, District Raipur (C.G.) for the
offence punishable under Sections 317(2), 317(4), 317(5), 111 & 3(5)
of Bhartiya Nyaya Sanhita, 2023, 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.
8. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance.
Sd/-
(Ramesh Sinha) Chief Justice Vaishali
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