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2026 DAILYLAW 12262 (CHH)

ABHINAV MAHULE v. STATE OF CHHATTISGARH

MCRC/883/2026 · 2026-01-26

body2026

Judgment text

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1 2026:CGHC:4442 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 883 of 2026 Abhinav Mahule S/o Janak Lal Mahule Aged About 21 Years R/o Santoshi Nagar, Mathpuraina, Police Station- Tikrapara, Raipur, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Azad Chowk, Raipur, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Ahmed Ayaan Mirza, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.01.2026 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. 78/2025, registered at Police Station – Azad Chowk, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS. 2. The case of the prosecution, is that an information was received from the Government of India Home Ministry pertaining to the investigation against the various Mule account holders to the Superintendent Cyber Range Police Station District Raipur and on the basis of the application RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 received it was found that the offences under Sections 317(2), 317(4), 317(5), 111 and 3(5) of B.N.S. has been committed. On the direction received by the Government of India Home Ministry, Cyber Crime Coordinate Center, whereby in the Coordinate Portal for the purpose of research the offences pertaining to the Cyber Offence the information was displayed in the Said Portal, which reflected the Mule Bank Accounts, which were being used for the purpose of commission of Cheating and wrongful gains. The information was procure from the coordinate portal, wherein total 21 Bank Accounts of the Indian Overseas Bank, Branch Samta Colony Raipur having IFSC Code 10BA0002984 it was found that a fraud was committed by the use of 21 Bank Accounts amounting to Rs.24,86,762.13/-. On the basis of aforesaid online complaint, the Police of Police Station Azad Chowk. District - Raipur, registered FIR and investigation was initiated, After completion of entire investigation, charge-sheet has been filed. 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 is no criminal antecedents registered against the present applicant. It is contended that the bail application of the co-accused namely Kavita Mechke was rejected by this Court in MCRC No.6589/2025 vide order dated 20.08.2025, thereafter, against the said order she preferred a Special Leave Petition bearing SLP (Crl.) No. 18637/2025, and the same was allowed vide order dated 07.01.2026, and she was granted bail, and on the same ground one co-accused namely Sonu Vibhar has been granted bail by this Court vide order dated 13.01.2026 passed in 3 MCRC No.410/2026. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 26.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant along with co-accused persons, was involved in organized cyber fraud and facilitated the diversion and circulation of proceeds of crime amounting to Rs.24,86,762.13/- by opening and using multiple bank accounts. Therefore, the applicant is not entitled for grant of bail. 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 the bail application of the co-accused namely Kavita Mechke which was rejected by this Court in MCRC No.6589/2025 vide order dated 20.08.2025, thereafter, against the said order she preferred a Special Leave Petition bearing SLP (Crl.) No. 18637/2025, and the same was allowed vide order dated 07.01.2026, and she was granted bail, and on the same ground one co-accused namely Sonu Vibhar has been granted bail by this Court vide order dated 13.01.2026 passed in MCRC No.410/2026, charge-sheet has been filed against the applicant, the applicant is in jail since 26.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 4 7. Let applicant, Abhinav Mahule, involved in Crime No. 78/2025, registered at Police Station – Azad Chowk, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, 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. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar