1 2026:CGHC:14088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1698 of 2026 Shivnand Chauhan S/o Lakshmi Prasad Chauhan Aged About 34 Years R/o Tilaaiidaadar, P.S. Basna, District Mahasamund, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer (S.H.O.) P.S. Civil Line, District Raipur, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Devershi Thakur, Advocate For Non-applicant/State : Mr. Sourabh K. Pande, Dy. Adv. Gen. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 290/2025, registered at Police Station : Civil Line, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 3(5), 111 of BNS and 42(3)(e) of Telecommunications Act. 2. As per the prosecution case, during the period from 04.01.2024 to KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 02.03.2025, within the jurisdiction of Cyber Police Station, Civil Lines, Raipur, the applicant/accused, along with other co-accused, acting in furtherance of a common intention and as members of an organized crime syndicate, fraudulently operated as many as 41 SIM cards to carry out cyber fraud and cheating, thereby dishonestly obtaining a total amount of ₹18,52,654/-. It is alleged that the accused persons not only committed the said acts of cheating but also concealed and utilized the proceeds of crime for their own benefit. On the basis of the said acts, Crime No. 290/2025 was registered by Police Station Civil Lines under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, and upon completion of investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the case of the present applicant is clearly distinguishable from that of the co- accused persons whose bail applications have been rejected by this Court, as in those cases the allegation pertained to use of fake SIM cards, whereas in the present case the applicant is alleged to have used the SIM belonging to his elder mother-in-law and there is no material to show that the same was procured fraudulently or used for any illegal purpose. it is further submitted that all the complaints received through the Samnvay Portal have been mechanically clubbed together and on that basis it has been alleged that a total amount of ₹18,52,654/- was transacted in 41 accounts, however, there is no specific or direct evidence connecting the applicant with the said transactions or accounts. it is also 3 contended that the applicant has been in custody since 08.09.2025 and the conclusion of trial is likely to take considerable time, therefore, on the ground of absence of incriminating material and prolonged incarceration, the applicant deserves to be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant is actively involved in a well-organized cyber fraud racket wherein multiple complaints received through the Samnvay Portal have been clubbed together, revealing that an amount of ₹18,52,654/- has been fraudulently transacted through 41 bank accounts by using 41 SIM cards and even if the SIM is stated to be in the name of the applicant’s relative, the same has been misused by the applicant for commission of the offence. it is further submitted that considering the nature and gravity of the offence, the organized manner in which the crime has been committed and the material collected during investigation, no case for grant of bail is made out. 5. In compliance of the order dated 19.02.2026 passed by this Court, the concerned Investigating OfÏcer has filed his personal afÏdavit delineating the evidence collected during the course of investigation, wherein in paragraph No. 12 it is specifically stated that the mobile number 93028-16811 of Jio Company stands in the name of the elder mother-in-law of the present accused/applicant, however, the same was being operated and used by the applicant Shivnand Chauhan. it is further averred that despite issuance of 4 notice calling upon the applicant to furnish a satisfactory explanation and supporting documents regarding the use and operation of the said SIM, the applicant failed to produce any such material and thereafter upon being summoned and interrogated, the applicant in his memorandum statement, in presence of witnesses, categorically admitted that he, along with his brother Ravinand and his associate, had used the said mobile number of his elder mother- in-law Sunila Bai Mirdha for cheating the complainant Kiran Waghmare and dishonestly induced an amount of ₹1,99,000/-. It is also stated that in view of such admission and the non-cooperative conduct of the applicant during investigation, he was lawfully arrested on 08.09.2025 after duly informing him of the grounds of arrest and intimating his family members in accordance with law. 6. I have heard learned counsel for the parties and perused the case- diary. 7. Taking into consideration the facts and circumstances of the case, nature of allegations, material available on record and also considering the afÏdavit filed by the concerned Investigating OfÏcer, and particularly the fact that the case of the present applicant stands on a different footing from that of the co-accused persons whose bail applications have been rejected by this Court, inasmuch as the allegation against the co-accused pertains to use of fake SIM cards whereas the present applicant is alleged to have used a SIM issued in the name of his elder mother-in-law, coupled with the fact that multiple complaints received through the Samnvay Portal have been clubbed together alleging total transactions of ₹18,52,654/- in 5 41 accounts without there being specific material directly connecting the applicant with all such transactions and further considering that the applicant is in custody since 08.09.2025 and the conclusion of trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail. 8. 8. Accordingly, the bail application of the applicant is allowed. 9. Let applicant, Shivnand Chauhan, involved in Crime No. 290/2025, registered at Police Station : Civil Line, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 3(5), 111 of BNS and 42(3)(e) of Telecommunications Act, be released on bail on furnishing 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 sufÏcient 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, 6 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 sufÏcient 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. 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 Kunal