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2026 DAILYLAW 1147 (CHH)

AAYUSH KUMAR RAI v. STATE OF CHHATTISGARH

MCRC/2933/2026 · 2026-03-31

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Judgment text

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1 2026:CGHC:15087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2933 of 2026 1 - Aayush Kumar Rai S/o Santosh Rai Aged About 20 Years R/o Smilepur Doriganj P.S. Doriganj District- Chhapra (Bihar) 2 - Rocky Kumar S/o Krishna Rai Aged About 20 Years R/o Village- Manachak Doriganj P.S. Koilover District- Aara (Bihar) 3 - Dharmendra Kumar @ Dheeraj S/o Arun Ram Aged About 28 Years R/o Village- Sakrava P.S. Asthama District- Nalanda (Bihar) Currently R/o Nayatoli Aaragate, Mahilaang, P.S. Taati Silve, District- Ranchi (Jharkhand) 4 - Redroj @ Gorelal S/o Late Bachhu Ram Aged About 30 Years R/o Village- Sakrava P.S. Asthama District- Nalanda (Bihar) Currently R/o Nayatoli Aaragate, Mahilaang, P.S. Taati Silve, District- Ranchi (Jharkhand) ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Police Station - Range Cyber Thana Sarguja Ambikapur, District – Sarguja (C.G.) ---- Non-applicant For Applicant : Mr. Prakant Sethi, Advocate. For Non-applicant/State : Dr. Sourabh K. Pande, Dy. Adv. General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.04.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 356/2024, registered at Police Station – Range Cyber Thana Sarguja Ambikapur, District – Sarguja (C.G.) for the offence punishable under RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Sections 420, 419 and 34 of the IPC and Sections 66(C) and 66(D) of the IT Act. 2. The case of the prosecution, is that son of the complainant thought of opening HP Gas agency for which his son was exploring the procedure as how he can get a gas agency in their area. On which on dated 16.04.2024 he got a called from HP gas agency stating that they have been scrutinized for having HP Gas agency in their area and for that the present complainant sent the area pin code. Furthermore, on dated 17.04.2024 son of the complainant received an email mentioning that the complainant will get approval within 24 hours. In continuation to that on dated 19.04.2024 email for approval was received and to complete to the proceedings the complainant deposited Rs. 25,500/- through RTGS in bank account 4792000100072707 of Punjab National Bank. Moreover, the complainant has deposited different amounts on several occasions in two banks accounts bearing number 1101104000117326 of IDBI Bank and 4792000100072707 of Punjab National Bank. It is also alleged by the complainant that owner of the mobile number and account holder portray himself as OFFICER of LPG VITRAK CHAYAN. Complainant also alleges that he has deposited 13,76,200/- in above mentioned 2 bank accounts. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are 2 criminal antecedents of applicant Nos. 1, 3 and 4, and one criminal antecedent of applicant No.2. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 3 17.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 2 criminal antecedents of applicant Nos. 1, 3 and 4, and one criminal antecedent of applicant No.2, the charge-sheet has been filed in this case, and the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there are 2 criminal antecedents of applicant Nos. 1, 3 and 4, and one criminal antecedent of applicant No.2, charge-sheet has been filed against the applicants, the applicants are in jail since 17.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants – Aayush Kumar Rai, Rocky Kumar, Dharmendra Kumar @ Dheeraj and Redroj @ Gorelal, involved in Crime No. 356/2024, registered at Police Station – Range Cyber Thana Sarguja Ambikapur, District – Sarguja (C.G.) for the offence punishable under Sections 420, 419 and 34 of the IPC and Sections 66(C) and 66(D) of the IT Act, be released on bail on his furnishing a personal bond with two local sureties each 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 4 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 Rajshekhar