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2026 DAILYLAW 10008 (CHH)

DHEERAJ KUMAR SINGH v. STATE OF CHHATTISGARH

MCRC/3947/2026 · 2026-04-28

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Judgment text

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1 2026:CGHC:19989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3947 of 2026 • Dheeraj Kumar Singh S/o Dilip Singh Aged About 34 Years R/o Sattipara, Police Station Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through- Station House Officer, Police Station- Gandhinagar, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Shakti Raj Sinha, Advocate For Respondent(s) : Dr. Sourabh Kumar Pande, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2026 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.397/2025, registered at Police Station- Ambikapur (Dehat), Gandhinagar, District-Sarguja, (C.G.) for the ofence punishable under Sections 317(4), 318(4), 61(2), 238 and 111 of Bhartiya Nyay Sanhita, 2023. 2. According to the case of the prosecution, the applicant is alleged to have committed the crime of illegally using the complainants Axis Bank account number 922020026736144 and Punjab National Bank VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.01 11:08:49 +0530 2 account number 1301100100015180 for online betting and financial fraud, and to have destroyed evidence by burning the bank account, passbook, ATM card, check book, and SIM card, since 14:14 hours on the date of the incident, 23/01/2025. He, along with other co- accused, acted as a member of a syndicate and collectively committed organized crime by using the complainants accounts for online betting and receiving illegal money, with the aim of obtaining material and financial gain. A perusal of the documents attached to the case prima facie demonstrates that the applicant has been continuously and illegally obtaining money using the complainants bank accounts, passbook and ATM card. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated solely on suspicion. He also submits that no non-bailable offence is made out against the applicant, the allegations, even f taken face value, do not disclose the essential ingredients of the offences invoked against him and the prosecution has failed to establish any direct or active role of the applicant in the alleged offence. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 15/07/2025 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 she would submit that charge sheet has been filed in this case before the competent 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, upon perusal of the 3 record, it appears that the charge sheet has already been filed and the applicant is in judicial custody since 15/07/2025 and the trial is likely to take a considerable period for its conclusion. At this stage, without commenting on the merits of the case, and considering the nature of allegations, the period of incarceration undergone by the applicant, and the fact that no further custodial interrogation is required, this Court is of the opinion that the applicant deserves to be enlarged on bail. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Dheeraj Kumar Singh, involved in Crime No.397/2025, registered at Police Station- Ambikapur (Dehat), Gandhinagar, District-Sarguja, (C.G.) for the ofence punishable under Sections 317(4), 318(4), 61(2), 238 and 111 of Bhartiya Nyay 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 4 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