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CDJ 2026 Ch HC 052
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| Court : High Court of Chhattisgarh |
| Case No : MCRC No. 4433 of 2026 |
| Judges: THE HONOURABLE CHIEF JUSTICE MR. RAMESH SINHA |
| Parties : Dharmesh Dhurwe Versus State Of Chhattisgarh Through Station House Officer, Police Station- Kabirdham, Kabirdham (C.G.) |
| Appearing Advocates : For the Applicant: Vivekanand Samaddar, Advocate. For the Respondent: Dr. Sourabh K. Pande, Dy. Advocate General. |
| Date of Judgment : 12-05-2026 |
| Head Note :- |
Chhattisgarh Protection of Depositor's Interest Act, 2005 - Sections 6(5) & 10 -
Comparative Citation:
2026 CGHC 22325,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Sections 420 and 34 of the IPC
- Sections 6(5) and 10 of the Chhattisgarh Protection of Depositor's Interest Act, 2005
- Section 269 of Bharatiya Nyaya Sanhita
- Section 84 of BNSS
- Section 209 of the Bharatiya Nyaya Sanhita
- Section 351 of BNSS
2. Catch Words:
- Bail
- Regular bail
- Charge‑sheet
- Parity
- Sureties
- Adjournment
- Proclamation
3. Summary:
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under Sections 420, 34 of the IPC and Sections 6(5), 10 of the Chhattisgarh Protection of Depositor’s Interest Act, 2005. The prosecution alleged that the applicant, along with co‑accused, induced a complainant to invest in the stock market, cheating him of Rs.6,30,000. The applicant contended innocence, cited bail granted to co‑accused in related cases, and highlighted his prolonged detention since 19‑08‑2025. The court considered the nature of the allegations, the existence of three cases against the applicant, and the precedent of bail to co‑accused. Emphasizing parity, the court decided to grant bail with conditions of personal bond, sureties, and compliance with procedural directives. The order directed issuance of a certified copy to the trial court.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 06/2025, registered at Police Station - Kabirdham, District - Kabirdham (C.G.) for the offence punishable under Sections 420 and 34 of the IPC and Sections 6(5) and 10 of the Chhattisgarh Protection of Depositor's Interest Act, 2005.
2. The case of the prosecution, is that one Lumesh Sahu lodged a complaint before the concerned police station alleging that the accused persons namely Dharmesh Dhurwe, Harshita Sharma and the present applicant induced the complainant to invest money in the stock market by making assurances of unusually high returns and thereby allegedly cheated the complainant of an amount of Rs.6,30,000/-. The complainant has further annexed a handwritten note allegedly reflecting certain amounts said to have been collected by accused Yatindra Dhurwe and Present Applicant from various persons for the purpose of investment. Hence, this application.
3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 3 cases registered against the applicant including the present one, and for other two cases the applicant has also filed bail applications. It is further submitted that the charge-sheet has been filed in this case, and the co-accused has already been granted bail by the Hon'ble Apex Court vide order dated 09.02.2026 passed in Special Leave to Appeal (Crl) No.2103/2026, and on the same ground, other co- accused Yatindra Dhurwe has also been granted bail by this Court in MCRC No.3071/2026 vide order dated 01.05.2026. The applicant is in jail since 19.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail.
4. On the other hand, the learned State counsel opposes the bail application and submits that there are 3 cases registered against the applicant including the present one, and the charge-sheet has been filed in this case. It is further submitted that the accused persons namely Dharmesh Dhurwe, Harshita Sharma and the present applicant induced the complainant to invest money in the stock market by making assurances of unusually high returns and thereby allegedly cheated the complainant of an amount of Rs.6,30,000/-, but he could not dispute the fact that the co-accused has been granted bail by this Court.
5. I have heard learned counsel for the parties and perused all of the documents available on record.
6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 3 cases registered against the applicant including the present one, and for other two cases the applicant has also filed bail applications, charge-sheet has been filed in this case, and the co- accused has already been granted bail by the Hon'ble Apex Court vide order dated 09.02.2026 passed in Special Leave to Appeal (Crl) No.2103/2026, and on the same ground, other co-accused Yatindra Dhurwe has also been granted bail by this Court in MCRC No.3071/2026 vide order dated 01.05.2026, the applicant is in jail since 19.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity.
7. Let applicant, Dharmesh Dhurwe, involved in Crime No. 06/2025, registered at Police Station - Kabirdham, District - Kabirdham (C.G.) for the offence punishable under Sections 420 and 34 of the IPC and Sections 6(5) and 10 of the Chhattisgarh Protection of Depositor's Interest Act, 2005, 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 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.
8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
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