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2026 DAILYLAW 27978 (CHH)

DHARMENDRA PRASAD v. STATE OF CHHATTISGARH

MCRC/6419/2026 · 2026-07-19

Transfer Petitionbody2026

Judgment text

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1 CGHC010242542026 2026:CGHC:30623 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6419 of 2026 Dharmendra Prasad S/o Ramkumar Suryavanshi Aged About 28 Years R/o Village Pura Bahurta, Police Station Takhatpur, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Range Cyber, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Divya Sahu, Advocate. For Respondent(s) : Mr. Sumit Singh, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 1. The applicant has preferred this Third Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 18/2025, registered at Police Station Range Cyber, District- Bilaspur (CG) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 61(2), 317(5), 318(4), 323 and 111(4) of the BNS. 2. Case of the prosecution, in brief, is that pursuant to directions issued by the Police Headquarters for verification and action against mule bank accounts used in cyber frauds, the police conducted an inquiry through the Government of India's Samanvaya (JMIS) Portal and obtained details from IDBI Bank, Bilaspur. During the inquiry, it was revealed that an account held in the name of Dharmendra Prasad had received multiple online transfers from victims belonging to different States, including Karnataka, Uttar Pradesh and Tamil Nadu, who had lodged complaints on the JMIS Portal alleging cyber fraud. Investigation further revealed that during the period from 24.04.2025 to 21.07.2025, a total amount of Rs. 20,44,274/- was transferred into the said account as part of an organised cyber fraud. It is alleged that the applicant, along with the co-accused persons, was a member of an organised crime syndicate which, pursuant to a criminal conspiracy, dishonestly induced victims and routed the fraudulently obtained money through various bank accounts. On the basis of the material collected during investigation, Crime No. 18/2025 was registered for offences punishable under Sections 61(2), 317(5), 318(4), 323 and 111(4) of the Bharatiya Nyaya Sanhita, and the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail 3 application of the applicant was rejected by this Court on merits vide order dated 31.01.2026 passed in MCRC No.9980 of 2025, thereafter, the applicant preferred second bail application, which was dismissed in default, therefore this third bail application is filed on the ground that one of the co-accused persons, namely, Harprasad Jangde has been granted bail by the Hon’ble Supreme Court vide order dated 15.07.2026 passed in Special Leave to Appeal (Crl.) No.(s).7937 of 2026, hence the present applicant is entitled to be enlarged on bail on the ground of parity. The applicant is in jail since 22.07.2025. 4. On the other hand, learned State counsel opposes the bail application and submits that the co-accused, Harprasad Jangde, upon whom the present applicant seeks to place reliance, was enlarged on bail by the Hon'ble Supreme Court on the ground that no amount had been credited to or received in his bank account and that his implication in the present crime was solely on the basis of the memorandum statement of the present applicant. In contrast, the present applicant is alleged to be the principal accused and is stated to have received the defrauded amount in his own bank account. Therefore, the case of the present applicant stands on an entirely different footing, and he cannot claim parity with the aforesaid co-accused. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. From perusal of the records, it transpires that this is the third bail application of the applicant, the first bail application of the applicant was rejected by this Court on merits vide order dated 31.01.2026 passed in MCRC No.9980 of 2025, thereafter, the applicant preferred second bail application, which was dismissed in default, the first bail application of the applicant was rejected on the ground that pursuant to directions issued by the Police Headquarters for verification and action against mule bank accounts used in cyber frauds, the police conducted an inquiry through the Government of India's Samanvaya (JMIS) Portal and obtained details from IDBI Bank, Bilaspur. During the inquiry, it was revealed that an account held in the name of Dharmendra Prasad had received multiple online transfers from victims belonging to different States, including Karnataka, Uttar Pradesh and Tamil Nadu, who had lodged complaints on the JMIS Portal alleging cyber fraud. Investigation further revealed that during the period from 24.04.2025 to 21.07.2025, a total amount of Rs. 20,44,274/- was transferred into the said account as part of an organized cyber-fraud. It is alleged that the applicant, along with the co-accused persons, was a member of an organized crime syndicate which, pursuant to a criminal conspiracy, dishonestly induced victims and routed the fraudulently obtained money through various bank accounts. 7. Furthermore, the fraudulently obtained money was credited to the bank account of the present applicant, thereby distinguishing his 5 role from that of the co-accused, Harprasad Jangde, who was enlarged on bail by the Hon'ble Supreme Court on the specific ground that no amount had been received in his bank account and that his implication rested solely on the memorandum statement of the present applicant. Thus, the applicant cannot claim parity with the said co-accused. Considering the nature and gravity of the allegations, the manner in which the offence is alleged to have been committed, the prima facie material available against the applicant, without expressing any opinion on the merits of the case, this Court is not inclined to enlarge the applicant on bail. 8. Accordingly, the third bail application of the applicant- Dharmendra Prasad, involved in Crime No. 18/2025, registered at Police Station Range Cyber, District- Bilaspur (CG) for the offence punishable under Sections 61(2), 317(5), 318(4), 323 and 111(4) of the BNS, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil