1 2026:CGHC:8877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1746 of 2026 Shivam Soni S/o Bhupesh Soni Aged About 30 Years R/o House No. 24, Rajiv Gandhi Chowk Avanti Vihar District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Raipur, District Raipur C.G. ... Non-applicant _____________________________________________________ For Applicant :Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State :Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2026 1. The Applicant has preferred this 1st 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.45/2025 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.20 09:50:33 +0530 2 Station City Kotwali, Raipur District Raipur (C.G.), for the offence under Sections 317(2), 317(4), 317(5), 111 and 3(5) of BNS. 2. Case of the prosecution, in a nutshell, is that information was received through the cyber crime reporting portal that certain Bank accounts had been fraudulently opened in Finance Bank, Civil Lines Branch, Raipur, and were being used for receiving the proceeds of cyber fraud. It is alleged that the accused persons embezzled an amount of Rs.10,000/-. Acting upon directions issued by the Police Headquarters, a report regarding the said incident was forwarded to Police Station City Kotwali, Raipur, where an FIR was registered against the concerned account holders, including the present Applicant for the said offences. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case for which, he is in jail since 26.03.2025. It is contended that the allegations against the Applicant are false and fabricated, as the Applicant has neither transferred nor defrauded any amount through his Bank account and has played no role in the alleged crime. It is argued that the implication of the Applicant is stated to be based merely on suspicion, without any sufficient material available on record. 3 It is further submitted that the prosecution has not produced any documentary evidence to establish the alleged transaction or misappropriation of the subject amount, nor is there any evidence to show that the Applicant received or misappropriated the said amount. The Applicant is stated to have neither cheated the complainant nor committed any of the alleged offences and has been wrongly arrested on the basis of false allegations. It is also submitted that co-accused Bhavika Harchandani and Ayush Jethani have been granted bail by the Supreme Court vide S.L.P(Cri.) Nos.19243/2025 and 20651/2025 respectively and co-accused Nitish Kumar has been granted bail by this Court vide order dated 29.01.2026 passed in M.Cr.C. No.884/2026, the offences are triable by the Judicial Magistrate First Class and the trial is likely to take considerable time for its conclusion, therefore, the Applicant may be released on bail. 4. On the other hand, learned State counsel opposes the bail application and does not dispute that the co-accused have already been granted bail by the Supreme Court as well as by this Court. 5. Having heard learned counsel for the parties and perused the record, considering that the Applicant is in custody since 26.03.2025, co-accused Bhavika Harchandani and Ayush 4 Jethani have already been granted bail by the Supreme Court vide S.L.P. (Cri.) Nos. 19243/2025 and 20651/2025, respectively, and co-accused Nitish Kumar has been granted bail by this Court vide order dated 29.01.2026 passed in M.Cr.C. No.884/2026, offences are triable by the JMFC, charge sheet has been filed, without further commenting anything on the merits of the case, this Court is inclined to allow the application. Accordingly, the bail application is allowed. 6. Let Applicant- Shivam Soni involved in Crime No.45/2025 registered at Police Station City Kotwali, Raipur District Raipur (C.G.), for the offence under Sections 317(2), 317(4), 317(5), 111 and 3(5) of 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 5 269 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. 7. 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 Priya