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2026 DAILYLAW 16098 (CHH)

KHIJAR HAYAT v. STATE OF CHHATTISGARH

MCRC/9867/2025 · 2026-01-28

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Judgment text

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1 2026:CGHC:5021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9867 of 2025 Khijar Hayat S/o Mohammed Ayub Qureshi Aged About 30 Years R/o Near Dr. Jakir Hussain College, Quasabpura Mominpura Mahatma Fule Bazar Nagpur, Police Station, Tahsil And Distt Nagpur, Maharashtra (Details Are Not Mentioned In Order Sheet) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station- Bacheli, Distt- South Bastar Dantewada, C.G. ... Respondent For Applicant : Shri Syed Imtiaz Ali, Advocate. For Respondent/State : Shri Saumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.25/2025 registered at Police Station Bacheli, Distt: South Bastar GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.30 18:35:05 +0530 2 Dantewada (C.G.) for the offence punishable under Sections 318 (4), 111(1) (3) of BNS and section 66 (D) of I.T. Act. 2. Case of the prosecution, in brief, is that complainant Sharvana Kumar made a written complaint before police station Bacheli stating that he got a message from a WhatsApp number 7389446787 which was about a work from home scheme this message included a link when clicking up on the link he got join to a group known as linked in idea 2025 group 232th in this group everyday they used to get 20 task in every task they were sent different Googles map links in which they had to click and give a five star rating and then upload the screenshot on telegram after the completion of each task at the end of the day he to get Rs. 100 in his account. A little later complainant was asked to deposit 5200 upon which he would be elevated to the to the next level. So the complainant on 16/03/2025 deposited 5200/-Rupees. Whereupon an account was created in his name a profit of Rs. 6500/- was displayed in his account. Subsequently he was given many tasks and after each task a considerable profit was shown, after which he was asked to deposit a certain amount in various bank accounts, link of which were given to him. He kept depositing the money whenever he was to. At the end, after completion of various tasks a profit of Rs. 88,00,000/- was shown in his online wallet. When he tried to withdraw the amount, he was unable to do so upon complaining to his mentor, he asked the complainant to wait for 15 days as other members of his group hadn't completed their task. When after 15 days again he was not able to withdraw the amount, he began to suspect that he was swindled. Thereafter the police registered the offence against the unknown persons during investigation the present applicant has been 3 arrested. On the basis of such compliant the concerned police registered the crime for an offence under section 318 (4), 111(1) (3) of BNS and section 66 (D) of I.T. Act. After completion of investigation the concerned police station Bacheli, District Dantewada (C.G.) presented the charge sheet before the competent court and applicant has been arrested on 09/07/2025. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that there is delay in lodging the FIR as the incident took place between 16/03/2025 to 29/03/2025 whereas the report has been lodged on 24/05/2025 and the FIR has been lodged against the unknown persons & during the course of investigation on the basis of statement of witness Moh. Imran Ansari, applicant has been implicated in this case. He would submit that Mohammad Imran Ansari resident of Lodhipura, Nagpur from whose account the money was recovered has not been made an accused and it is only alleged that the applicant facilitated in the crime. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 09/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. He would further submit that from the applicant 2 mobile phone and Rs.10,000/- has been recovered. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that Mohammad Imran Ansari resident of Lodhipura, Nagpur from whose account the money was recovered has not been made an accused and allegation against the applicant is that the applicant facilitated in the crime, period of detention of the applicant since 09/07/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Khijar Hayat, involved in Crime No.25/2025 registered at Police Station Bacheli, Distt: South Bastar Dantewada (C.G.) for the offence punishable under Sections 318 (4), 111(1) (3) of BNS and section 66 (D) of I.T. Act, be released on bail on his furnishing a personal bond with two local 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri