Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 400 (CHH)

VATAN KUMAR v. STATE OF CHHATTISGARH

MCRC/10469/2025 · 2026-01-20

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:3667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.10469 of 2025 Vatan Kumar S/o Sudheer Kumar, Aged About 26 Years R/o 60/295, Avadh Vihar, Muzaffarnagar, P.O. Muzaffarnagar, District Muzaffarnagar, Uttar Pradesh 251001 --- Applicants versus State Of Chhattisgarh Through The SHO, Police Station- Dantewada, District Dantewada, Chhattisgarh. --- Non-applicant MCRC No.97 of 2026 Taran Kumar S/o Sudheer Kumar Aged About 23 Years R/o 60/295, Avadh Vihar, Muzaffarnagar, P.O. Muzaffarnagar, District- Muzaffarnagar, Uttar Pradesh- 251001 --- Non-applicant Versus State Of Chhattisgarh Through The Sho, Police Station- Dantewada, Dantewada, (C.G.) --- Non-applicant SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.01.23 10:25:48 +0530 2 ____________________________________________________ For Applicants : Mr. BP Sharma and Mr. ML Sakat, Advocates. For Non-applicant/State : Mr. Priyanka Rathi, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.01.2026 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.32/2025 registered at Police Station – Dantewada, District – Dantewada (C.G.), for the offence under Sections 318(4), 111(3) of Bharatiya Nyaya Sanhita, 2023 and also under Section 66-D of the IT Act, 2008. 2. The case of the prosecution is that as per his allegation in the FIR, on 11.02.2025, complainant Pradeep Kumar Dwivedi, received a Whatsapp message from an unknown phone number-7285984870 on his mobile number 9406225555, informing him about USDT trading to which he refused. USDT is a crypto currency, trading of which involves buying it at a lower rate, and selling at a higher rate in order to make 3 profit. However, upon receiving messages from the said number for five days continuously, he agreed for trading. On 16.02.2025, the he transferred ₹10,000/- (Rupees Ten Thousand Only) to a UPI ID in the name of one Rizwan stores, having UPI Code Q38732687@ybl, in exchange for which he was given 100 USDT in the wallet of one BingX app. This 100 USDT was transferred from BingX app after opening an account in the website BITFINEW, which is a website used for trading to the said user account of the website. Later, he continued such trading and kept on receiving certain amount for which, no commission was received on the understanding that 30% of the profit trading would be transferred to the agent of BITFINEW as commission. At a later point of time, upon asking the agent for withdrawal of money earned through trading, he was told that as no trading was done, therefore, he cannot withdraw the money from the website and subsequently, the complainant registered FIR. Hence, this application. 3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in the aforesaid case. He further submits that the Applicants have not received any money from the account of the complainant and there is only a single transaction from the 4 account of one Gubbala Manikantha to the account of the applicants and the accounts of the applicants were blocked within 3 days from such date leaving them no opportunity to report the transaction. He lastly submits that applicant-Taran Kumar has been granted bail in Criminal Misc. Bail Application No.25254/2025 by the High Court of Allahabad also, there is no material on record to substantiate the role attributed to the applicants, who are at tender age i.e. 26 and 23 years respectively, they are in jail since 21.07.2025, conclusion of trial is likely to take quite some more time, therefore, the may be granted bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed and as the applicants are involved in illegal money trading which is a serious offence, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the submissions made by learned counsel for the parties, further considering that the applicants have not received any money directly from the complainant and there is no evidence to prove the involvement of the applicants in the 5 instant crime, further considering their tender age, charge sheet has been filed, without further commenting anything on merits, I am inclined to grant bail to the applicants. Accordingly, the bail applications are allowed and the applicants are directed to be released on bail. 7. Let applicants Vatan Kumar and Taran Kumar, involved in connection with Crime No.32/2025 registered at Police Station – Dantewada, District – Dantewada (C.G.), for the offence under Sections 318(4), 111(3) of BNS, 2023 and also under Section 66-D of the IT Act, 2008 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/s shall file an undertaking to the effect that he/they 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/s shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuses the liberty of bail during trial and in order to secure 6 his/thier presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/them 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 Priya