CHANDAN KUMAR VISHWAKARMA v. STATE OF CHHATTISGARH
MCRC/12/2026 · 2026-02-04
body2026
DailyLaw.ai
[ 2026 DAILYLAW 581 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 581 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:6623
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10 of 2026 Chandan Kumar Vishwakarma S/o Ramakant Vishwakarma Aged About 26 Years R/o Baikunthdham Camp 02, Bhilai Police Station Chhavni, District- Durg (C.G.)
--- Applicant versus State Of Chhattisgarh Through- Station House, Officer Police Station - Farasgaon, District- Kondagaon (C.G.)
--- Non-applicant MCRC No. 209 of 2026 Chandan Kumar Vishwakarma S/o Ramakant Vishwakarma Aged About 26 Years R/o Baikunthdham Camp 02 Bhilai Police Station Chhavni, District Durg C.G.
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Farasgaon, District Kondagaon C.G.
--- Non-applicant MCRC No. 111 of 2026 Chandan Kumar Vishwakarma S/o - Ramakant Vishwakarma Aged About 26 Years R/o - Baikunthdham Camp 02 Bhilai Police Station Chhavni, District - Durg (C.G.)
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Farasgaon, District - Kondagaon (C.G.)
--- Non-applicant
2 MCRC No. 12 of 2026 Chandan Kumar Vishwakarma S/o Ramakant Vishwakarma Aged About 26 Years R/o Baikunthdham Sector- 1 Bhilai Police Station Chhavni. District- Durg (C.G.)
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Farasgaon, District- Kondagaon (C.G.)
--- Non-applicant For Applicant : Ms. Fouzia Mirza, Senior Advocate assisted by Mr. Ahmed Ayaan Mirza, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 05.02.2026
1. Since the above-mentioned four bail applications arise out of same applicant, they are clubbed and heard together and are being disposed of by this common order.
2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicant who has been arrested in connection with Crime No. 46/2025 (in MCRC No. 10/2026), Crime No. 82/2025 (in MCRC No. 12/2026), Crime No. 84/2025 (in MCRC No. 111/2026) and Crime No. 83/2025 (in MCRC No. 209/2026) registered at Police Station - Farasgaon, District – Kondagaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita.
3. As per the prosecution story, the allegations against the present applicant is that he along with the other co-accused persons have used PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.06 17:59:52 +0530
3 bank accounts operating in their name for the purpose of commission of Cyber Fraud for the purpose of disbursing and utilizing the amount for commission of in illegal activities.
4.
Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. He further submitted that no transaction has taken place in the account of the applicant, he has been made as an accused only on the basis of the memorandum statement of the co-accused persons. He also submits that on the basis of the memorandum statement of the present applicant, three mobile phones and case was seized. The charge-sheet has been filed and he is in jail since 30.06.2025 (in MCRC No. 10/2026) and 04.07.2025. Further, the applicant has 04 previous criminal antecedents, which have been explained in paragraph No. 4(a) of this bail application Thus, looking to the above, it is prayed that the applicant may be enlarged on bail. 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed. 6. I have heard learned counsel appearing for the parties and perused the document available on record. 7. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicant and the fact that he has been made as an accused only on the basis of the memorandum statement of the co-accused persons and he is in jail since 30.06.2025 (in MCRC No. 10/2026) and 04.07.2024, the applicant has 04 previous criminal antecedents, which have been explained in paragraph No. 4(a) of this bail application, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this
4 case. 8. Accordingly, the bail application is allowed. Let the Applicant - Chandan Kumar Vishwakarma involved in Crime No. 46/2025 (in MCRC No. 10/2026), Crime No. 82/2025 (in MCRC No. 12/2026), Crime No. 84/2025 (in MCRC No. 111/2026) and Crime No. 83/2025 (in MCRC No. 209/2026) registered at Police Station - Farasgaon, District – Kondagaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita, be released on bail on his furnishing a personal bond with two 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 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
5 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. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Preeti