Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:19401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 907 of 2026 1 - Soyal Shaikh S/o Najeer Ahamad Aged About 31 Years R/o Behram Nagar Mumbai, Brand East, Mumbai, Maharastra
--- Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Balod District Balod Chhattisgarh
--- Respondent(s) MCRC No. 910 of 2026 1 - Prem Jadhaw S/o Ashok Jadhaw Aged About 22 Years R/o Jawahar Colony, Budha Nagar, Trimurti Chowk (Wrongly Mentioned As Jawaharpara, Budha Nagar, Trimurti Chowk), District- Chhatrapati Nagar, Maharashtra
--- Applicant(s) Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Balod, District : Balod, Chhattisgarh
--- Respondent(s) MCRC No. 933 of 2026 1 - Gaurav Ganesh Jadhaw S/o Ganesh Jadhaw Aged About 20 Years R/o Jawahar Colony, Budra Nagar, Trimurti Chowk, District- Chhatrapati Nagar, Maharastra
--- Applicant(s) Versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Balod District- Balod (C.G.) ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA
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--- Respondent(s) MCRC No. 861 of 2026 1 - Kunal Ahiwad S/o Mr. Ramchandra Ahiwad Aged About 28 Years Permanent Address- Plot No. 32 Ward No. 3, Hudco, District Sambhaji Nagar (Aurangabad) (M.H.)
---Applicant(s) Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Balod, District Balod, Chhattisgarh. --- Respondent(s) For Applicants : Mr. Abhinav Shrivastava, Advocate and Ms. Garima Pancholi, Advocate For Respondents : Ms. Vaishali Mahilang, Dy. G.A. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 27.04.2026
1. The applicants have preferred these First Bail Applications under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 147/2025, registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Sections 317(4), 318(4), 336, 338, 340 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, the complainant, P.C. Suryakumar, lodged a written report stating that he came into contact with certain investment platforms, namely “Semco” and “5Paisa App”, through Facebook. Thereafter, he received calls from mobile numbers 7385626867 and 8015428851, whereby he was induced
3 to log into three different applications and, on such inducement, deposited a total sum of Rs. 50,48,206/-. It is alleged that the said amount could not be withdrawn by the complainant, thereby resulting in commission of fraud with him by the present applicants. 3.
Learned counsel for the applicants submits that the present applicants are innocent persons who have been falsely implicated in this case. He submits that the charge sheet has already been filed, therefore, there is no possibility of the applicants tampering with the evidence or creating any hindrance in the due process of law. Keeping the applicants behind bars for an indefinite period would amount to pre-trial punishment, which needs to be avoided. He submits that applicants detention will adversely affect the entire family. He further submits that the applicants, namely, Soyal Shaikh and Prem Jadhaw, have one criminal antecedent each, whereas the other applicants, namely, Gaurav Ganesh and Kunal Ahiwad and, have no previous criminal antecedents. It is also submitted that the applicants are in judicial custody since 30.10.2025, 20.09.2025, 20.09.2025, and 15.12.2025 respectively, and as the conclusion of trial is likely to take considerable time, therefore a prayer has been made for grant of regular bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail applications of the present applicants and submits that the
4 charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further from perusal of the order- sheet dated 26.02.2026, the bail applications were earlier adjourned to the last week of April, 2026 in view of the period of detention, and also that the charge sheet has already been filed, the applicants namely, Soyal Shaikh, Prem Jadhaw, Gaurav Ganesh and Kunal Ahiwadand have been in custody since 30.10.2025, 20.09.2025, 20.09.2025 & 15.12.2025 respectively, and the conclusion of the trial is likely to take time, I am of the opinion that the applicants are entitled to be released on bail. 7.
7. Let the applicants – Soyal Shaikh, Prem Jadhaw, Gaurav Ganesh and Kunal Ahiwadand, involved in Crime No.147/2025, registered at Police Station Balod District – Balod (C.G.) for the offence punishable under Sections 317(4), 318(4), 336, 338, 340 & 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond alongwith two local sureties, each 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
5 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails 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 209 of the Bharatiya Nyaya Sanhita. (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 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause,
6 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. 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 Saxena