[Cites 11, Cited by 0]
Chattisgarh High Court
Amit Mishra @ Pahlu vs State Of Chhattisgarh on 18 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
Digitally
2026:CGHC:12998
signed by
NAFR
VAISHALI
VAISHALI LUCKY
LUCKY NAGARIA
NAGARIA Date:
2026.03.19
17:47:57
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1092 of 2026
• Amit Mishra @ Pahlu S/o Nityanand Mishra Aged About 30 Years
Profession Business, Caste Brahmin R/o Mohallah Sattipara, P.S.
And Tehsil Ambikapur, District- Surguja (C.G.)
--- Applicant(s)
versus
• State of Chhattisgarh Through Station House Officer, Police Station
Ambikapur, District- Surguja (C.G.)
--- Respondent(s)
• Amit Mishra @ Pahlu S/o Nityanand Mishra Aged About 30 Years
R/o Sattipara, P.S. Ambikapur, District Surguja, Chhattisgarh.
---Applicant(s)
Versus
• State of Chhattisgarh Through Station House Officer, Police Station
Gandhinagar, District Surguja, Chhattisgarh.
--- Respondent(s)
• Amit Mishra @ Pahlu S/o Nityanand Mishra Aged About 30 Years
R/o Sattipara Near Shiv Mandir, P.S. Kotwali, Ambikapur, District :
Surguja (Ambikapur), Chhattisgarh
---Applicant(s)
Versus
• State of Chhattisgarh Through- Station House Officer, Police Station
Ambikapur, District : Surguja (Ambikapur), Chhattisgarh
--- Respondent(s)
• Amit Mishra@Pahlu S/o Nityanand Mishra Aged About 30 Years
Occupation Business, Caste Brahmin, R/o Mohollah Sattipara, P.S.
And Tehsil Ambikapur, District Surguja, Chhattisgarh.
---Applicant(s)
Versus
• State of Chhattisgarh Through Station House Officer, Police Station
Gandhinagar, District Surguja, Chhattisgarh.
--- Respondent(s)
(Cause title is taken from Case Information System)
For Applicant(s) : Mr. Shakti Raj Sinha, Advocate
For Respondent(s) : Mr. Soumya Rai, Dy.G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
18/03/2026
1. Since the above-mentioned four bail applications belongs to one
applicant arising out of different crime numbers registered at
different police stations, they are clubbed and heard together and are
being disposed of by this common order.
2. In MCRC No.1092 of 2026 -This is 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 crime No. 472 of 2025 registered at Police Station
Ambikapur, District - Sarguja for the offence punishable under
Sections 318(4), 319(2), 111(2) of Bhartiya Nyay Sanhiya for short -
BNS, 2023 and Section 66(c) of I.T. Act.
3. In MCRC No.1049 of 2026 -This is 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 crime No.493 of 2025 registered at Police Station
Ambikapur, District - Sarguja for the offence punishable under
Sections 61(2), 238, 111(2) of Bhartiya Nyay Sanhiya for short -
BNS, 2023 and Section 419, 420 of IPC.
4. In MCRC No.1208 of 2026 -This is 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 crime No.571 of 2025 registered at Police Station
Gandhinagar, District - Sarguja for the offence punishable under
Sections 318(4), 317, 111 and 61(2) of Bhartiya Nyay Sanhiya.
5. In MCRC No.1063 of 2026 -This is 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 crime No.397 of 2025 registered at Police Station
Gandhinagar, District - Sarguja for the offence punishable under
Sections 317(4), 318, 238, 61(2) of Bhartiya Nyay Sanhiya.
6. As per the leading case, prosecution story, in brief, is that during the
investigation, on tracing the applicant, it was found that the
applicant was in Raipur. After the cyber team detained him from
Raipur and interrogated him, it was found that the applicant had
obtained bank accounts of account holders Gagan Agrawal, Sahil
Mansuri, Rahul Sonkar and others by deceiving them in different
ways and using them on platforms like betting and receiving betting
money online. Hence, this offence.
7. Learned counsel for the applicant would submit that the applicant
has not committed any offence and he has falsely been implicated in
offence in question and the allegations levelled against him are
vogue, concocted, and based on fabricated statements recorded by
the Ambikapur Police Station with an intent wrongly implicate the
applicant. He also submits that the applicant has not withdrawn
any amount which is seized by the police as alleged against the
applicant. It is further stated that applicant has neither
committed alleged offence nor any kind have been involved in
this case. It is further contended that in Crime Nos.472 of
2025, 493 of 2025, 571 of 2025 and Crime No.397 of 2025
applicant is in jail since 24.07.2025, 09.10.2025 and
25.07.2025 respectively. He would submit that the applicant
has not withdrawn any amount which is seized by the police as
alleged against the applicant. It is further stated that applicant
has neither committed alleged offence nor any kind have been
involved in this case. He also submits that conclusion of trial
will take some time, therefore, he prays for grant of bail to the
applicant.
8. On the other hand, learned State Counsel opposes the bail
application and submit that charge sheet has been filed in
these cases before the competent court. He also submits that in
compliance of this Court's order dated 02.02.2026 and
28.02.2026, concerned investigating Officer has filed his
personal affidavit in three cases except MCRC No.1208 of 2026
and perusal of the affidavit filed by the Investigating Officer in
MCRC No.1092 of 2026, and relevant paragraph of affidavit
reads as under:-
"7.That, as per the FIR it is alleged that one Gagan
Agrawal was taken into custody who disclosed in his
statement that he was cheated by the Amit Mishra @
Pahlu for work of Munshi, who has taken his SIM
Card, ATM card, Passbook and Cheque Book but
neither he was deployed as clerk nor his aforesaid
documents were returned back to him.
8.That, during the course of investigation the police
found that the applicant Amit Mishra @ Pahlu has
used the document of Gagan Agrawal and used his
account and therefore, the offences was registered.
9.That, it was also found by the police that as per the
letter received from Cyber Cell the account of Gagan
Agrawal was used many times and against such
accounts various online complaints have also been
registered in various states of the country, which is
evident from acknowledgment No.21312240054966,
22912240100112, 31512240028283, 3161224010424
and 31612240106385,
10.That, it was found by the police that the bank
account number of overseas bank branch Bilaspur
bearing Account No.299302000000299 was used for
online cyber fraud and against this account five online
cyber fraud complaint are registered, in various part of
the country.
11.That, the suspected Gagan Agrawal was taken into
custody and his statement under Section 180 of BNSS
was recorded in which he categorically stated that his
account and mobile phone were used by the present
applicant Amit Mishra @ Pahlu and all the transactions
were conducted /committed by the present applicant
and not by him, and he has not knowledge about the
transactions from this bank account."
9. I have heard learned counsel appearing for the parties and
perused the case diary.
10. Taking into consideration the facts and circumstances of the
case, submission of learned counsel for the parties, further
considering the affidavit filed by the Investigating Officer, which
shows that present applicant taken the SIM Card, ATM card,
Passbook and Cheque Book of the complainants and used the
same for cyber fraud but there was no amount transaction was
found in the bank account of the applicant, he is in jail since
24.07.2025, charge sheet has been filed and also considering
the fact that trial is likely to take some time for its conclusion,
therefore, considering the period of detention of the applicant,
this Court is of the view that the applicant is entitled to be
released on bail in this case.
11. Accordingly, the bail applications are allowed and it is directed
that the Applicant- Amit Mishra @ Pahlu, involved in
472/2025, 493/2025, 571/2025 and 397/2025 registered at
concerned Police Stations for the aforesaid offences, 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.
Sd/-
(Ramesh Sinha)
Chief Justice
vaishali
