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2026 DAILYLAW 18679 (CHH)

PANKAJ KUMAR KHUNTE v. STATE OF CHHATTISGARH

MCRC/2651/2026 · 2026-03-22

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Judgment text

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1 2026:CGHC:13763 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2651 of 2026 Pankaj Kumar Khunte S/o Shri Balbhadra Khunte Aged About 25 Years R/o Kenapali (Kanvali) Police Station- Dabhara, Distt. Sakti (CG) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Champa, Distt. - Janjgir-Champa (CG) … Non-applicant For Applicant : Mr. Vivek K. Shrivastava and Mr. Khilendra Sahu, Advocates. For Non-Applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.03.2026 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 364/2025 registered at Police Station – Champa, District – Janjgir - Champa (C.G.), for the offence punishable under Sections 317(2), 317(4) and Section 317(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 9410 of 2025 was rejected on merits by this Court vide order dated 02.01.2026. 3. The case of the prosecution, in brief, is that while the police were ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.24 18:30:09 +0530 2 enquiring into mule accounts of various account holders after collecting information from the Coordination Portal run by the Ministry of Government of India, Account No. 177405001857 was found to belong to the applicant, wherein huge transactions were being carried out. Accordingly, he was interrogated and his memorandum statement was recorded, wherein he disclosed that he had given his aforesaid ICICI Bank account, along with internet banking user ID and password, on rent to one Firoz Khan through social media for wrongful gain, and in lieu thereof received Rs. 10,000/-. It was further revealed that transactions amounting to approximately Rs. 30–32 lakhs had taken place in his account. From his possession, the mobile number linked with the said account, cheque, PAN card, Aadhaar card, and CSC certificate were seized, and he was arrested on 26.08.2025. After due investigation, the charge sheet has been filed. 4. Learned counsel for the applicant submits that this is the second bail application of the present applicant on the ground that he has been languishing in jail since 26.08.2025, and till date, out of 10 prosecution witnesses, only 4 witnesses have been examined. He further submits that the applicant has no criminal antecedents and that the conclusion of the trial may take some time. Therefore, he prays for grant of regular bail. 5. Learned State Counsel opposes the bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties and on perusal of the case diary, it transpires that the applicant is in custody since 26.08.2025 and out of 10 prosecution witnesses only 4 witnesses have been examined, thus the trial is likely to take 3 considerable time for its conclusion. The applicant has no criminal antecedents. Without commenting on the merits of the case, and taking into account the period of custody and delay in trial, this Court is inclined to allow the bail application. 8. Accordingly, the application is allowed. 9. Let the Second Bail of the Applicant – Pankaj Kumar Khunte, involved in Crime No. 364/2025 registered at Police Station – Champa, District – Janjgir - Champa (C.G.), for the offence punishable under Sections 317(2), 317(4) and Section 317(5) of the Bhartiya Nyaya Sanhita, 2023, 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, 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 4 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 Abhishek