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2026 DAILYLAW 21683 (CHH)

DHARMENDRA KUMAR @ DHEERAJ v. STATE OF CHHATTISGARH

MCRC/3926/2026 · 2026-06-15

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Judgment text

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1 2026:CGHC:24073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3367 of 2026 Aayush Kumar Rai S/o. Late Santosh Rai Aged About 20 Years R/o. Smilepur Doriganj P.S. Doriganj District- Chhapra (Bihar) --- Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kanker, District- Uttar Bastar Kanker, (C.G.) --- Non-applicant Along with MCRC No. 3926 of 2026 1 - Dharmendra Kumar @ Dheeraj S/o Arun Ram Aged About 28 Years R/o Village Sakrava P.S. Asthawa, District- Nalanda (Bihar) 2 - Redroj @ Gorelal S/o Late Bachhu Ram Aged About 30 Years R/o Village Sakrava P.S. Asthawa, District- Nalanda (Bihar) ---Applicants Versus State Of Chhattisgarh Through Station House Officer, Police Station Kanker, District – Uttar Bastar Kanker (C.G.) ---- Non-applicant For Applicant : Mr. Prakant Sethi, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.06.2026 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. 382/2025, registered at Police Station – Kanker, District – Uttar Bastar RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Kanker (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 318(4), 238 and 3(5) of the BNS. 2. The case of the prosecution, is that complainant Maniram Bhoi, a Constable posted in the Cyber Cell, Kanker, lodged a complaint stating that on 25.10.2025 information was received from the Home Department's Samanvay Portal regarding suspicious money transfers through mule accounts. Upon enquiry, the police found that Rs. 16,05,011/- had been transferred into the account of applicant Shatrughan Mandavi and Rs.14,76,201/- into the account of applicant Ravishankar Mandavi. During interrogation, the applicants disclosed that their bank accounts were opened and handed over to one Dheeraj Kumar of Ranchi on his assurance of paying Rs.3,000/- per month. Consequently, the police seized the bank account statements and KYC documents and arrested the applicants for their alleged involvement in the offence. 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 a total of 3 criminal cases registered against the applicants out of which in 2 cases the applicants have been granted bail by this Court vide orders dated 29.01.2026 and 01.04.2026 in MCRC Nos. 38/2026 and 2933/2026. It is submitted that the charge- sheet has been filed in this case. The applicants are in jail since 31.10.2025 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 3 application and submits that there are a total of 3 criminal cases registered against the applicants, therefore, the applicants are not liable to be granted bail by this Court. 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 a total of 3 criminal cases registered against the applicants out of which in 2 cases the applicants have been granted bail by this Court vide orders dated 29.01.2026 and 01.04.2026 in MCRC Nos. 38/2026 and 2933/2026, and the charge-sheet has been filed in this case, the applicants are in jail since 31.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity. 7. Let applicants – Aayush Kumar Rai, Dharmendra Kumar @ Dheeraj and Redroj @ Gorelal, involved in Crime No. 382/2025, registered at Police Station – Kanker, District – Uttar Bastar Kanker (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 318(4), 238 and 3(5) of the 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 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. 4 (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