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2026 DAILYLAW 10517 (CHH)

BHAVESH UDWANI v. STATE OF CHHATTISGARH

MCRC/4221/2026 · 2026-05-05

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Judgment text

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1 2026:CGHC:21204 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4221 of 2026 Bhavesh Udwani S/o Suresh Udwani Aged About 34 Years R/o Mova, Dubey Colony, Behind Bijali OfÏce, P.S. Pandri, Raipur, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Civil Lines, Raipur, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.05.2026 1. This is the Second Bail Application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2025 registered at Police Station- Civil Line, Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 9652/2025 was rejected by this Court vide order dated 27.11.2025 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The facts of the case, in brief, are that upon receipt of information through the Cyber Crime Reporting Portal regarding fraudulent opening and operation of multiple bank accounts in Finance Bank, Civil Lines Branch, Raipur, which were allegedly being used for routing and receiving proceeds of cyber fraud, and involving embezzlement of an amount of Rs. 64,10,855/-, the Police Headquarters directed initiation of necessary action. Pursuant thereto, the said information was forwarded to Police Station Civil Lines, Raipur, where FIR No. 129/2025 came to be registered against several account holders, including the present applicants, for offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS. During the course of investigation, it surfaced that the applicant/accused persons were allegedly part of a large- scale organized cyber-crime syndicate and, in connivance with other co-accused, had opened and operated multiple mule bank accounts in fictitious or different names for the purpose of receiving, layering and siphoning off the proceeds of cyber fraud. These accounts were purportedly utilized for transferring substantial amounts obtained through online cheating of innocent victims across various places. Hence, the present application. 4. Learned counsels for the applicant submit that the first bail application of the applicant was rejected on merits by this Court, thereafter, the applicant has preferred present second bail application on the ground that the Hon'ble Supreme Court in Criminal Appeal No.4494/2025 arising out of SLP (Crl.) No.13678/2025, has granted regular bail to identically situated co- 3 accused, namely, Ishika Singh, and thereafter, on the ground of parity other co-accused, namely, Avinash Tandekar, Krishna Ghodesawar and Abhinav Nagwanshi have been granted bail by this Hon’ble Court vide orders dated 08.01.2026, 28.01.2026 and 15.04.2026 in MCRC Nos. 148 of 2026, 902 of 2026, and 3363 of 2026 respectively, therefore, he prays that the present applicant is also entitled to be released on bail on the ground of parity. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant along with co-accused persons, was involved in organized cyber fraud and facilitated the diversion and circulation of proceeds of crime of huge amount by opening and using multiple banks accounts, but could not dispute the fact that identically situated co-accused, Ishika Singh has already been granted bail by the Hon'be Supreme Court as well as other co-accused persons have already been granted bail by this Hon’ble Court and the case of the present applicant is identical to that of the co-accused. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. 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 on the ground that the applicant’s bank account was used for receiving proceeds of cyber fraud. A substantial amount was credited and largely withdrawn, indicating active participation, but considering the fact that the Hon'ble Supreme Court in Criminal Appeal No.4494/2025 arising out of SLP 4 (Crl.) No.13678/2025, has granted regular bail to identically situated co-accused, namely, Ishika Singh and thereafter, on the ground of parity other co-accused, namely, Avinash Tandekar, Krishna Ghodesawar and Abhinav Nagwanshi have been granted bail by this Court vide orders dated 08.01.2026, 28.01.2026 and 15.04.2026 in MCRC Nos. 148 of 2026, 902 of 2026, and 3363 of 2026 respectively, further charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the second bail application of the applicant is allowed. Let the Applicant – Bhavesh Udwani, involved in Crime No. 129/2025 registered at Police Station- Civil Line, Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on 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 5 his counsel. In case of her absence, without sufÏcient 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 sufÏcient 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. 9. OfÏce 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 Rahul Dewangan