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2026 DAILYLAW 2432 (CHH)

GOVINDA PATEL v. STATE OF CHHATTISGARH

MCRC/9642/2025 · 2026-01-22

body2026

Judgment text

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1 2026:CGHC:4201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9642 of 2025 Govinda Patel S/o Shri Tijau Ram Patel Aged About 22 Years R/o Kumhari, Purani Basti, Thana- Gidhauri, District : Balodabazar- Bhathapara, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Shivrinarayan, District : Janjgir-Champa, Chhattisgarh ... Respondent For Applicant : Mr. Sunil Sahu, Advocate For Respondent : Ms. Anusha Naik, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.01.2026 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. 259/2025, registered at Police Station – Shivrinarayan, Distt-Janjgir-Champa (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 318 read with Section 3(5) of the ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.01.24 16:59:14 +0530 2 Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, the complainant, Narendra Shukla, ASI, Police Station Shivrinarayan, has lodged a complaint stating that on 03.07.2025, information was received from the Samanvay Portal of the Home Department Cyber Cell for conducting an investigation pertaining to suspicious money transfers through certain mule accounts. In pursuance thereof, a total of sixteen mule accounts were investigated, wherein transactions amounting to 31,49,312/- were found to have taken place. Out of the said ₹ sixteen accounts, one account bearing Account No. 924010043913165, linked with Mobile No. 7024246477, was opened in the name of the present applicant by furnishing a false address. It is further alleged that the applicant received a commission of 5,000/- for opening the said account. ₹ 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. He further submitted that the applicant, is a 22- year-old boy and he has been falsely implicated and arrested merely on suspicion, despite not having opened or operated the alleged bank account, as the KYC, address, and photograph do not match his details. It is further contended that no document or evidence connects him to the account or any transaction, the FIR suffers from unexplained delay, the offence is triable by the 3 Magistrate, and there is no risk of absconding or tampering with evidence. Furthermore, co-accused namely-Vansh Dewangan has already been granted bail by this Court vide order dated 11.12.2025 in MCRC No.8911/2025, and, applicant is in jail since 28.08.2025 and trial may take sometime for its conclusion, therefore, the applicant deserves to be granted bail on the ground of Parity. 4. Learned counsel for the State opposes the bail application and submits that on 03.07.2025, information was received from the Samanvay Portal of the Home Department Cyber Cell for conducting an investigation pertaining to suspicious money transfers through certain mule accounts, a total of sixteen mule accounts were investigated, wherein transactions amounting to ₹31,49,312/- were found to have taken place. Out of the said sixteen accounts, one account bearing Account No. 924010043913165, linked with Mobile No. 7024246477, was opened in the name of the present applicant by furnishing a false address and the applicant received a commission of 5,000/- for ₹ opening the said account, it appears that applicant is involved in crime in question, therefore, he is not entitled to grant of bail. 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 4 the fact that co-accused namely-Vansh Dewangan has already been granted bail by this Court vide order dated 11.12.2025 in MCRC No.8911/2025, there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 28.08.2025 and conclusion of the trial is likely to take some time, looking to the period of detention of the applicant, I am inclined to allow this application on the ground of parity. 7. Let applicant, Govinda Patel, involved in Crime No.259/2025, registered at registered at Police Station – Shivrinarayan, Distt- Janjgir-Champa (C.G.) offence punishable under Sections 317(2), 317(4), 317(5), 318 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) be released on bail on his furnishing a personal bond with local 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 5 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/- Sd/- (Ramesh Sinha) Chief Justice Arpan