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2026 DAILYLAW 15111 (CHH)

HARISH DHRUW v. STATE OF CHHATTISGARH

MCRC/186/2026 · 2026-01-08

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Judgment text

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1 2026:CGHC:1444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 186 of 2026 Harish Dhruw S/o Ganesh Ram Dhruw Aged About 24 Years (Wrongly Mentioned As Harish Dhruwe) R/o Village Lohjhari, P.S. Dongargarh, District Rajnandgaon Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Civil Line Raipur, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Mr. Dharmesh Shrivastava, Dy. Adv. Genera. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 44/2025 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 BNS. 2. The case of the prosecution, in a nutshell, is that information was received through the Cyber Crime Reporting Portal that 104 bank ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.09 18:03:46 +0530 2 accounts had been fraudulently opened in Utkarsh Small Finance Bank, Civil Lines Branch, Raipur, and were being used for receiving the proceeds of cyber fraud. Acting on the directions of the Police Headquarters, a report regarding the said incident was forwarded to Police Station Civil Lines, Raipur, where an FIR was registered against all 104 account holders, including the present applicant, for commission of the aforesaid offences punishable under Sections 111, 3(5), 317(2), 317(4) and 317(5) of the Bharatiya Nyaya Sanhita. Hence, this application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further submitted that a similarly situated co-accused, namely Harmeet Singh @ Yashmit, Saurabh Pal and Tanishq Singh Bhatia and Shubham Singh Thakur, have already been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 15006/2025, 12849/2025, 15613/2025 and 17452/2025 vide order dated 19.11.2025, respectively. In view of the principle of parity, learned counsel prays that the applicant may also be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. 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 applicant and the fact that the charge-sheet has been filed against the applicant, and further the fact that a similarly situated co-accused, namely Harmeet Singh @Yashmit, 3 Saurabh Pal and Tanishq Singh Bhatia and Shubham Singh Thakur, have already been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 15006/2025, 12849/2025, 15613/2025 and 17452/2025 vide order dated 19.11.2025, respectively. 7. In view of the principle of parity and considering the submissions that the applicant has been falsely implicated, this Court is of the view that the applicant is 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 applicant does not influence witnesses or tamper with evidence. Accordingly, the instant bail application of the applicant is allowed. 8. Let applicant, Harish Dhruw, involved in Crime No. 44/2025 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 BNS, 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 sufÏcient cause, the trial court may proceed against him under 4 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 Abhishek