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2026 DAILYLAW 14518 (CHH)

VINOD BHAMBANI v. STATE OF CHHATTISGARH

MCRC/10481/2025 · 2026-01-04

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Judgment text

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1 2026:CGHC:338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10418 of 2025 Manoj Dhiver S/o Shri Rameshwar Dhivar Aged About 25 Years R/o Shriram Nagar, Mandir Hasod, District- Raipur (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Civil Lines District- Raipur (C.G.) --- Non-applicant(s) For Applicant : Mr. Galib Dwivedi, Advocate. For Non-applicant/State : Mr. Dharmesh Shrivastava, Dy. Adv. Gen. MCRC No. 10483 of 2025 Abhinav Kumar Singh S/o Naresh Singh Aged About 38 Years R/o Ram Mandir Gali, Last House Jhanda Chowk, Sector- 02, Shivanand Nagar, P.S. Khamtarai, District- Raipur Chhattisgarh ---Applicant(s) Versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Civil Line Raipur District- Raipur (C.G.) --- Non-applicant(s) For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-applicant/State : Mr. Dharmesh Shrivastava, Dy. Adv. Gen. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 MCRC No. 10481 of 2025 Vinod Bhambani S/o Late Raj Kumar Bhambani, Aged About 35 Years R/o House No. 01, Indraprath Colony, Raipura, P.S. D.D. Nagar District- Raipur Chhattisgarh ---Applicant(s) Versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Civil Line Raipur, District- Raipur Chhattisgarh ---- Non-applicant(s) For Applicant : Ms. Purnima Singh, Advocate. For Non-applicant/State : Mr. Dharmesh Shrivastava, Dy. Adv. Gen. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/01/2026 1. Since the above three bail applications are arising out of same crime number, same police station and same offence so they are being heard and decided by this common order. 2. The applicants have preferred this First Bail Application under Section 483 of BNSS for grant of regular bail, as they have 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 BNS. 3. The case of the prosecution, in a nutshell, is that information was received through the Cyber Crime Reporting Portal and its coordination mechanism to the effect that 104 bank accounts had been fraudulently opened in Utkarsh Small Finance Bank, Civil 3 Lines Branch, Raipur (IFSC Code: UTKS0001400), which were allegedly being used for receiving proceeds of cyber fraud. Acting upon the directions issued by the Police Headquarters, a detailed report along with particulars of the said bank accounts was forwarded to Police Station Civil Lines, Raipur (C.G.). Pursuant thereto, FIR No. 44/2025 was registered against all 104 account holders, including the present applicants, for offences punishable under Sections 111, 3(5), 317(2), 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023, as per the order sheet. During the course of investigation, the present applicants were arrested by Police Station Civil Lines, District Raipur (C.G.) in connection with the aforesaid offences. 4. Learned counsel for the respective applicants submits that the applicants have been falsely implicated in the case. It is further submitted that a 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 co-accused namely Mehul Sona, Krishnakant Sahu, Dhanesh Sen, Teman Hiyal, Mehul Vij, Parul Verma, Rajesh Nishad, Ajay Motghare, Dipak Chhura, Tribhuvan Singh, Shubham Dutta, Nilkanth Sahu, Bhimashankar Nayak and Rahul Nayak has already been granted bail by this Court vide order dated 19.12.2025. In view of the principle of parity, learned counsel prays that the applicants may also be enlarged on bail. 4 5. On the other hand, learned State Counsel, appearing for the State/non-applicant, submit that the charge-sheet has been filed before the competent Court and the trial is currently in progress. They further concur with the submission made on behalf of the applicants to the effect that the principle of parity may be considered, however, they contend that the serious nature of the offences, the ongoing investigation and the possibility of influencing witnesses weigh against granting bail to the applicants at this stage. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into account the facts and circumstances of the case, the submissions of learned counsel for the parties and the material on record, this Court notes that the applicants have been implicated in the case along with other co-accused. It is also observed that a similarly situated co-accused, 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 co-accused namely Mehul Sona, Krishnakant Sahu, Dhanesh Sen, Teman Hiyal, Mehul Vij, Parul Verma, Rajesh Nishad, Ajay Motghare, Dipak Chhura, Tribhuvan Singh, Shubham Dutta, Nilkanth Sahu, Bhimashankar Nayak and Rahul Nayak has already been granted bail by this Court vide order dated 19.12.2025. 8. In view of the principle of parity and considering the submissions that the applicants have been falsely implicated, this Court is of the 5 view that the applicants are also entitled to the benefit of bail. While the offences alleged are serious, the applicants' release on bail shall be subject to appropriate conditions to ensure that the trial proceeds without obstruction and that the applicants do not influence witnesses or tamper with evidence. 9. Accordingly, the bail applications of the applicants are allowed. 10. Let the Applicants- Manoj Dhiver, Abhinav Kumar Singh and Vinod Bhambani 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 BNS, be released on bail on their furnishing a personal bond with two sureties (each) in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during 6 trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 11. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal