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2026 DAILYLAW 31169 (CHH)

SUNIL KUMAR MISHRA v. STATE OF UTTAR PRADESH

MCRCA/1358/2026 · 2026-08-18

Transfer Petitionbody2026

Judgment text

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1 CGHC010318702026 2026:CGHC:37169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1358 of 2026 1 - Sunil Kumar Mishra S/o Shri Indradev Mishra Aged About 35 Years R/o Bangalipara, Basantpur, Rajnandgaon, Distt. Rajnandgaon, Chhattisgarh. ... Applicant(s) versus 1 - State of Uttar Pradesh Through Station House Officer, P.S. Cyber Crime, Basti, Distt. Basti, Uttar Pradesh. ... Respondent(s) For Applicant(s) : Mr. Ajit Kumar Singh, Advocate For Respondent(s)/State : None Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.08.2026 1. This is the first transit anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the applicant, who apprehends his arrest in connection with Crime No. 02/2026, registered at Police Station Cyber Crime, Basti, District Basti (Uttar Pradesh), for the offences punishable under Sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 66D of the RUCHI YADAV Digitally signed by RUCHI YADAV 2 Information Technology Act, 2000. 2. As per the prosecution case, in brief, pursuant to a notice dated 25.07.2026 issued by Cyber Crime Police Station, Basti, Uttar Pradesh, under Section 35(3) of the BNSS, it is alleged that proceeds of a nationwide cyber fraud were credited into the bank account of Deep Jagrity Foundation, maintained with ICICI Bank, on 20.12.2025 and were thereafter transferred to certain other bank accounts. The applicant, being the Founder and President of the said Foundation, has been called upon to explain the said transactions in connection with Crime No. 02/2026, registered for offences punishable under Sections 318(4) and 319(2) of the BNS and Section 66D of the Information Technology Act, 2000. Hence, the present application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant had no knowledge of the alleged amount credited into the Society's bank account on 20.12.2025 and that the transactions were carried out by the employee/member, Dhaniram, without his knowledge or consent. The applicant has already furnished the relevant documents and a written explanation to the concerned authorities and has cooperated with the investigation. It is further submitted that the Foundation has been functioning since 2014 without any adverse allegation against its financial transactions. The applicant is ready to appear before and cooperate with the investigating agency and abide by any condition imposed by this Court. Hence, it is prayed that the applicant be granted transit anticipatory bail. 4. I have heard learned counsel for the applicant and perused the material available on record. 3 5. Considering the facts and circumstances of the case, the submissions made by learned counsel for the applicant and the material available on record, this Court finds that the applicant has prima facie shown that the alleged transactions were carried out through the Society's bank account without his knowledge. The applicant has already furnished the relevant documents and explanation to the investigating agency and is willing to cooperate with the investigation. Accordingly, without commenting upon the merits of the case, this Court is of the considered view that the applicant is entitled to the benefit of transit anticipatory bail. 6. Accordingly, the instant transit anticipatory bail application is allowed for a temporary period of two weeks. It is directed that, in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the arresting officer upon his executing a personal bond and furnishing one surety in the like amount to the satisfaction of the concerned Investigating Officer. Thereafter, he shall be at liberty to take recourse to law before the Court of competent jurisdiction. 7. This protection is granted for a period of two weeks from today to enable the applicant to approach the competent Court for seeking appropriate relief. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi