Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 19785 (CHH)

CHANDULAL CHHATRIYA v. STATE OF CHHATTISGARH

MCRC/2486/2026 · 2026-05-07

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:21708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2486 of 2026 • Chandulal Chhatriya S/o Dhansay Chhatriya Aged About 59 Years R/o- House No. 40/17, Ward No. 40, Dongargaon Road, Basantpur, Thana- Basantpur, District- Rajnandgaon (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station- Kotwali, District- Rajnandgaon (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Anurag Verma, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2026 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. 110/2025 registered at Police Station – Kotwali, District – Rajnandgaon (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5),111, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution is that, on 06.03.2025 of the senior office, in the coordination portal of Indian Cyber Crime Coordination Centre, which is a comprehensive guide for sharing information on VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.11 17:43:59 +0530 2 cyber crime for investigation purposes for the police, such mutual bank account which has been used for disbursing, utilizing and enriching the money obtained from cyber fraud, the relevant information was collected from the coordination portal and as per the information received from Branch Bank Bandhan Rajnandgaon District Rajnandgaon IFC Code BOBL0001550 dated 01.01.2024, a total of 09 bank located in the said bank i.e 20200008028974, 20200041340043,2020004643311,3,20200051213773,20200051498 3911,20200056830553,20200062300310 and 20200065100810. Total amount of Rs. 6,86,860/received through cyber fraud. After getting the information about the deposits being found, the use of the alleged amount obtained from cyber fraud by the bank account holders/promoter, after getting the information regarding the holder/promoter who opened the account and helped in getting the said amount, by simply proceeding ahead in the said work, he was found to be promoting the property by habitually acquiring the illegal money which is obtained from cyber fraud, knowing that the property has been obtained by dishonesty and some fraudulent means, and hiding or disposing of such property, after getting the said information, Police Station kotwali, District Rajnandgaon (C.G.) registered the F.I.R. for the offence punishable under section 317(2), 317(4), 317(5), 111 3 (5) of the B.N.N.S., 2023 against known persons bearing Crime No. 110/2025. During investigation, other co-accused persons were arrested and after one year, on 10.02.2026 the applicant has arrested by the concerned police. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that one of the co-accused namely 3 Mohammad Salim has been granted bail by the Hon’ble Supreme Court vide order dated 15.01.2026 and other co-accused namely Shiva David has been granted bail by this Hon’ble Court vide order dated 19.02.2026. A copy of the said orders are annexed herewith as Annexure-A/3 and Annexure-A/4 respectively. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. He could not dispute the fact that one of the co- accused, namely, Mohammad Salim has preferred Criminal Appeal No.255 of 2026 before the Hon’ble Supreme Court, which was allowed vide order dated 15.01.2026 and other co-accused namely Shiva David has been granted bail by this Hon’ble Court in MCRC No.1611 of 2026 vide order dated 19.02.2026. A copy of the said orders are annexed with bail application as Annexure-A/3 and Annexure-A/4 respectively. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that one of the co-accused namely Mohammad Salim has been granted bail by the Hon’ble Supreme Court vide order dated 15.01.2026 and other co-accused namely Shiva David has been granted bail by this Hon’ble Court vide order dated 19.02.2026. Also considering the fact that the charge-sheet has already been submitted in the present case before the competent Court and the applicant has been in jail since 10.02.2026 and conclusion of the 4 trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the instant bail of the Applicant – Chandulal Chhatriya, involved in Crime No.110/2025 registered at Police Station – Kotwali, District – Rajnandgaon (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5),111, 3(5) of the Bhartiya 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 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 5 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 Vaishali