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2026 DAILYLAW 6052 (CHH)

VIKAS CHOUDHARY v. STATE OF CHHATTISGARH

MCRC/1088/2026 · 2026-04-07

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Judgment text

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1 2026:CGHC:16190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1088 of 2026 Vikas Choudhary S/o Ashish Choudhary Aged About 29 Years R/o Vill. Vijvaliya Thana Lalganj Distt.- Basti U.P. ... Applicant versus State Of Chhattisgarh Through Police Station- Dantewada Distt.- Dantewada (C.G.) ... Respondent(s) For Applicant : Vikash A. Shrivastava, Advocate For Respondent(s) : Ms. Anusha Naik, Dy. G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08/04/2026 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 32/2025, registered at MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.04.10 15:40:39 +0530 2 Dantewada, District- Dantewada (CG) for the offence punishable under Sections 318(4), 111(3) of BNS and Section 66(D) of IT Act. 2. The prosecution story in brief is that, as per the rejection order allegation against the present applicant is that complainant Pradeep kumar Dwivedi lodged an written complaint to P.S. City Kotwali Dantewada that on 11/02/2025 he received a whatsapp massage in which he offered for trading in usdt upon which he denied the same. Thereafter he received the same massages continuously for 05 days thereafter he agreed for the trading and upon given direction by the other side he deposited the amount and trade in usdt platform. After some time when he tried to withdraw his profit he could not withdraw the same and when he ask about the same he was told by the other side that the trading session is of 05 days and if he quit the same within 03 days he ought to have deposit 30% of penalty thereafter he can withdraw the sum which he earned from the trading Therafter he deposited Rs 500000/- in Shivanand account number 10174576388 IFC code IDFB0020255 New Delhi Narayana Branch IDFC FIRST Bank and Rs 500000/- in Gubbala Manikanta account number 10131000008029 IFC PSIB0021013 branch Guntur and Gubbala Manikanta account number 10131000008029 IFC PSIB0021013 branch Guntur I deposited Rs. 77960/- thereafter when he could not withdraw the amount which he gained from the trading he feel that he was scammed by the spammers and he has deposited total sum of Rs 22,01,260/-. Based on the complainant's report, 3 the Police Station, Dantewada, registered an FIR and took it up for investigation. During the course of investigation present applicant was arrested. 3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted by the learned counsel for the applicant that the present applicant has no previous criminal antecedents and is in jail since 12.10.2025 and the charge sheet has been presented. Also, the trial is likely to take some time for its conclusion. He further submits that the in the present crime it is alleged by the prosecution that present applicant obtained his friend, i.e. Vijay Kumar Mourya mobile, bank account no. 20100037158862 and atm and download a fraud application on his mobile and on 26.02.2025 received sum of Rs. 4 lakhs in that account and thereafter transferred the same to another account. Therefore, he prays for grant of bail to the applicant. 4. Per contra, learned counsel for the State opposes the bail application and submits that the offence is serious in nature involving financial fraud of a substantial amount and, therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. The investigation in the present case has been completed and the charge-sheet has already been filed, thus the presence of the 4 applicant is no longer required for custodial interrogation. The role attributed to the applicant appears to be that of a facilitator, as per the prosecution case itself, and not that of the principal offender who allegedly induced the complainant to invest money. The applicant has no previous criminal antecedents, and there is nothing on record to suggest that she is a habitual offender or part of an organized syndicate. The applicant is in custody since 12.10.2025, and considering the nature of evidence, which is largely documentary and electronic, the trial is likely to take considerable time for its conclusion. There is no material placed on record to show that the applicant, if released on bail, would abscond or tamper with prosecution evidence or influence witnesses. 7. Considering the totality of facts and circumstances of the case, the nature of allegations, the period of detention, the filing of the charge-sheet, absence of criminal antecedents, and the limited role attributed to the applicant, this Court is of the considered view that it is a fit case to extend the benefit of bail to the applicant, without commenting on the merits of the case. 8. Let the Applicant- Vikas Choudhary, involved in Crime No. 32/2025, registered at Police Station Dantewada, District- Dantewada, (C.G.) for the offence punishable under Sections 318(4), 111(3) of BNS and Section 66 (D) of IT Act be released on bail on their furnishing a personal bond with two local sureties 5 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita, 2023. 6 (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them 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 Madhurima