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2025 DAILYLAW 55496 (CHH)

KRISHNAKANT SAHU v. STATE OF CHHATTISGARH

MCRC/10437/2025 · 2025-12-18

body2025

Judgment text

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1 2025:CGHC:61843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10383 of 2025 Mehul Sona S/o Shri Suraj Sona Aged About 23 Years R/o Shankar Nagar, Raipur, District Raipur (C.G.) --- Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Civil Lines, District Raipur (C.G.) --- Non-applicant MCRC No. 10437 of 2025 Krishnakant Sahu S/o Murlidhar Sahu, Aged About 35 Years R/o - A-45, Ekta Nagar, Sector-1, Gudhiyari, Thana Gudhiyari, District Raipur (C.G.) ---Applicant Versus State of Chhattisgarh Through Thana Civil Line, Raipur District Raipur (C.G.) --- Non-applicant MCRC No. 10402 of 2025 Dhanesh Sen S/o Shri Rupchand Sen Aged About 38 Years R/o Devkattha, P.S. Dongargarh, District Rajnandgaon C.G. ---Applicant Versus State of Chhattisgarh Through Station House OfÏcer, Police Station Civil Line Raipur, District Raipur C.G. --- Non-applicant ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.19 16:01:58 +0530 2 MCRC No. 10389 of 2025 Teman Hiyal S/o Shri Bishi Lal Hiyal Aged About 28 Years R/o Suyash Hospital, Peela Building, P.S. Aamanaka, District- Raipur, Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through - Station House OfÏcer, Police Station Civil Line, Raipur, District- Raipur (C.G.) --- Non-applicant MCRC No. 10435 of 2025 Mehul Vij S/o Shri Sanjay Vij Aged About 24 Years R/o- Maruti Residency, Palm Grove 107, Amlidih, Police Station- Rajendra Nagar, District- Raipur (C.G.) ---Applicant Versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Civil Lines, District- Raipur, (C.G.) --- Non-applicant MCRC No. 10434 of 2025 Parul Verma S/o Nohar Singh Aged About 26 Years R/o Ravabhata Near, Durga Chowk, P.S. Khamtarai Raipur, District- Raipur (C.G.) (Husband Name Is Correct In AfÏdavit) ---Applicant Versus State of Chhattisgarh Through Station House OfÏcer Police Station Civil Lines, District- Raipur (C.G.) --- Non-applicant MCRC No. 10414 of 2025 Rajesh Nishad S/o Shri Aghnu Nishad Aged About 30 Years R/o Bharat Mata Chowk, Gudhiyari, Police Station- Gudhiyari, District- Raipur (C.G.) ---Applicant Versus State of Chhattisgarh Through - Station House OfÏcer, Police Station- Civil Lines, District- Raipur (C.G.) --- Non-applicant 3 MCRC No. 10413 of 2025 Ajay Motghare S/o Shri Komal Das Sahu Aged About 43 Years R/o Village Kalyanpur, Post And Tahsil Dongargarh, District- Rajnandgaon Chhattisgarh ---Applicant Versus State of Chhattisgarh Through Station House OfÏcer, Police Station Civil Line Raipur District- Raipur (C.G.) --- Non-applicant MCRC No. 10410 of 2025 Dipak Chhura S/o Shri Sada Chhura Aged About 24 Years R/o Santoshi Nagar, District : Raipur, Chhattisgarh ---Applicant Versus State of Chhattisgarh Through - Station House OfÏcer, Police Station- Civil Lines, District : Raipur, Chhattisgarh --- Non-applicant MCRC No. 10403 of 2025 Tribhuvan Singh S/o Shri D.K. Singh Aged About 28 Years R/o House No.611, Ward No.16, Jayanti Nagar District- Durg (C.G.) ---Applicant Versus State of Chhattisgarh Through- Station House OfÏcer Police Station Civil Lines, District- Raipur (C.G.) --- Non-applicant MCRC No. 10399 of 2025 Shubham Dutta S/o Shri Bobby Dutta Aged About 23 Years R/o Bangalipara Ward No. 21, District - Rajnangaon Chhattisgarh ---Applicant Versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Civil Lines, District - Raipur Chhattisgarh --- Non-applicant 4 MCRC No. 10393 of 2025 Nilkanth Sahu S/o Shri Govind Sahu Aged About 33 Years R/o- Shankaracharya School Gali, Gudhiyari, Police Station- Gudhiyari, District- Raipur (C.G.) ---Applicant Versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Civil Lines, District- Raipur (C.G.) --- Non-applicant MCRC No. 10390 of 2025 Bhimashankar Nayak S/o Shri Mahesh Nayak Aged About 30 Years R/o Kamardhih, District- Raipur C.G. ---Applicant Versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Civil Lines, District Raipur C.G. --- Non-applicant MCRC No. 10385 of 2025 Rahul Nayak S/o Late Rajendra Nayak Aged About 35 Years R/o R.V.H. Coloney, Chotapara, P.S. Khamtarai, District Raipur (C.G.) ---Applicant Versus State of Chhattisgarh Through Station House OfÏcer, Police Station Civil Lines, District Raipur (C.G.) --- Non-applicant For respective applicants : Mr. Galib Dwivedi, Mr. C.R. Sahu and Mr. Arun Kukreja, Advocates. For Non-applicant : Mr. Jitendra Shrivastava, Govt. Advocate and Mr. Soumya Rai, Panel Lawyer. 5 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.12.2025 1. Since in all the bail applications, the offence arise from similar crime number, as all the bail applications have been clubbed together, heard together and disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who has been arrested in connection with Crime No.44/2025 registered at Police Station Civil Line Raipur, District – Raipur (C.G.), for the offence punishable under Sections 111, 3(5), 371(2), 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’). 3. The prosecution story, in brief, is that charges have been framed against the accused persons under Sections 317(2), 317(4), 317(5) read with Section 3(5) and Section 111 of the BNS, based on prima facie evidence indicating the commission of the offencee. The accused persons are alleged to have opened a bank account with Utkarsh Small Finance Bank, Civil Lines Branch, Raipur, and fraudulently obtained a SIM card without the complainants’ knowledge, which was then used to commit cyber fraud to obtain money. The accused persons are alleged to have acted in connivance with other individuals in furtherance of the offence. The alleged offences are of a serious nature, and cybercrime is reported to be on the rise, affecting a large number of victims. Thereafter, charge sheet has been filed as a prima facie case has been made out against the accused persons, 4. Learned counsel for the respective applicants submits that the applicants have been falsely implicated in the case. It is further 6 submitted that a similarly situated co-accused, namely Harmeet Singh @ Yashmit, has already been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No.15006/2025 vide order dated 19.11.2025. In view of the principle of parity, learned counsel prays that the applicants may also be enlarged on bail. 5. On the other hand, learned State Counsel, appearing for the State/non- applicant, submit that the charge-sheet has been filed before the competent Court and the trial is currently in progress. They further concur with the submission made on behalf of the applicants to the effect that the principle of parity may be considered; however, they contend that the serious nature of the offences, the ongoing investigation, and the possibility of influencing witnesses weigh against granting bail to the applicants at this stage. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into account the facts and circumstances of the case, the submissions of learned counsel for the parties, and the material on record, this Court notes that the applicants have been implicated in the case along with other co-accused. It is also observed that a similarly situated co-accused, Harmeet Singh @ Yashmit, has already been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No.15006/2025 vide order dated 19.11.2025. 8. In view of the principle of parity and considering the submissions that the applicants have been falsely implicated, this Court is of the view that the applicants are also entitled to the benefit of bail. While the offences alleged are serious, the applicants’ release on bail shall be subject to 7 appropriate conditions to ensure that the trial proceeds without obstruction and that the applicants do not influence witnesses or tamper with evidence. Accordingly, the bail applications of the applicants are allowed. 9. Let the applicants, namely, Mehul Sona, Rahul Nayak, Bhimashankar Nayak, Nikanth Sahu, Shubham Dutta, Tribhuvan Singh, Dipak Chhura, Ajay Motghare, Rajesh Nishad, Parul Verma, Mehul Vij, Teman Hiyal, Dhanesh Sen and Krishnakant Sahu, involved in Crime No. 44/2025, registered at Police Station- Civil Lines, Raipur District-Raipur (C.G.) for the offence punishable under Sections 111, 3(5), 371(2), 317(4) and 317(5) of the BNS be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation 8 under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicants 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 313 Cr.P.C. If in the opinion of the trial Court absence of the applicants are deliberate or without sufÏcient 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. 10. OfÏce 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 Abhishek