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2026 DAILYLAW 15126 (CHH)

DHARMENDRA KUMAR RAI v. STATE OF CHHATTISGARH

MCRC/309/2026 · 2026-01-11

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Judgment text

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1 2026:CGHC:1761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 309 of 2026 Dharmendra Kumar Rai S/o Leftinent Hardangi Rai Aged About 37 Years R/o House No. 395, Main Road, Birgaon, Bhee Syar Tailors Ward No. 25, District Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Civil Line Raipur, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Mr. Dharmesh Shrivastava, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.01.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 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 111, 317(2), 317(4), 317(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in a nutshell, is that information was received through the Cyber Crime Reporting Portal that certain bank accounts had been fraudulently opened in Finance Bank, Civil RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Lines Branch, Raipur, and were being used for receiving the proceeds of cyber fraud, whereby the accused persons allegedly embezzled an amount of ₹54,10,855/-. Acting upon 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 the account holders, including the present applicant, for commission of offences punishable under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the Bharatiya Nyaya Sanhita. Hence, the present application. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the alleged crime and has not committed any offence as alleged against him. It is contended that the allegations levelled against the applicant are false and fabricated, as he neither transferred nor defrauded any amount through his account and played no role whatsoever in the alleged offence. The applicant has been implicated merely on suspicion, without any cogent reason or material on record, and the prosecution has failed to produce any documentary evidence to establish the alleged transactions or misappropriation of the subject amount. There is no evidence to show that the applicant received or misappropriated any money, nor that he committed any act of cheating or fraud as alleged. He also submits that he has no any previous criminal antecedent and he is in jail since 27.03.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the present applicant is involved in a serious cyber fraud wherein multiple bank accounts were fraudulently opened and used for siphoning off proceeds of cyber crime to the tune of Rs.54,10,855/-. It is further submitted that the investigation reveals the active involvement of the applicant as an account holder, the offences alleged are grave and affect the financial security of the public. He also submits that bail application of the other co-accused persons, namely, Shabbir Khan and Krishna Ghodesawar, have been rejected by this Court in MCRC Nos. 134/2026 and 10455/2025, vide orders dated 08.01.2026, and 06.01.2026 respectively, and as such, the applicant is also not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is apparent that the present applicant is named as an account holder in a serious case of cyber fraud involving fraudulent opening of bank accounts and embezzlement of a substantial amount of Rs.54,10,855/-., also considering the fact that the bail application of the other co-accused persons, namely, Shabbir Khan and Krishna Ghodesawar, have been rejected by this Court in MCRC Nos. 134/2026 and 10455/2025, vide orders dated 08.01.2026, and 06.01.2026 respectively, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 4 7. Accordingly, the bail application of the applicant – Dharmendra Kumar Rai, involved in Crime No. 129/2025 registered at Police Station– Civil Line Raipur, District Raipur, (C.G.), for the offence punishable under Sections 111, 317(2), 317(4), 317(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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