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2026 DAILYLAW 19694 (CHH)

YUVRAJ KHANDU ATHAVALE v. STATE OF CHHATTISGARH

MCRC/4461/2026 · 2026-05-12

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Judgment text

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1 2026:CGHC:22590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4461 of 2026 Yuvraj Khandu Athavale S/o Khandu Manohar Athavale Aged About 21 Years (Wrongly Mentioned As Khandu Athavale), R/o Vaddegaon, Post- Ichgaon, Tahsil- Mohol, District- Solapur- Ichgaon (Maharashtra) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Cyber Range, Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 02/2025 registered at Police Station – Cyber Range, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5), 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(D) of Information Technology Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.15 10:09:20 +0530 2 2. As per the prosecution story, in brief, a written complaint was lodged by the complainant, Ramavatar Verma, a resident of Sector-29, Nava Raipur, District Raipur, at the Cyber Police Station, Raipur, alleging that on 24.12.2025 at about 12:40 PM, a message was received on the mobile phone of Iti Shukla (Mobile No. 9685596955) from an unknown mobile number 9036296912, stating that her car had been detected speeding and that a fine was required to be paid immediately to avoid additional charges, along with a hyperlink provided therein. It is alleged that, upon clicking the said link, the bank account of the victim maintained with the State Bank of India, Secretariat Branch, Raipur, was compromised, and on 25.12.2025, a total sum of Rs. 2,94,342.51 was fraudulently debited from the said account through online transactions. On the basis of the said complaint, the police registered FIR No. 02/2025 dated 26.12.2025 at the Cyber Police Station, Raipur, for offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita read with Section 66D of the Information Technology Act, and during the course of investigation, the present applicant and other co-accused persons were arrested on allegations of involvement in the aforesaid cyber fraud. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed in the matter. Learned counsel further submits that the applicant is merely an employee of the main accused, namely, Raju Sharma. It is submitted that the bail application of the main accused, Raju Sharma, has already been rejected by this Court vide order dated 24.04.2026 passed in MCRC No. 2591/2026. It is further stated that the applicant had received only Rs. 400/- from the main accused for sending 3 multiple messages. It is also submitted that the applicant has no previous criminal antecedents and is in judicial custody since 30.12.2025. Further, the conclusion of the trial is likely to take considerable time. 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. He further submits that the bail application of the main accused, Raju Sharma, has already been rejected by this Court vide order dated 24.04.2026 passed in MCRC No. 2591/2026. Thus, it is an organized cyber crime committed by the applicant and the co-accused persons. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, allegations levelled against the applicant and from the perusal of the records available, and the fact that the bail application of the main accused, Raju Sharma, has already been rejected by this Court vide order dated 24.04.2026 passed in MCRC No. 2591/2026, further considering the fact that it is an organized cyber crime committed by the applicant and the co-accused persons, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of applicant – Yuvraj Khandu Athavale involved in Crime No. 02/2025 registered at Police Station – Cyber Range, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5), 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(D) of Information Technology Act, is rejected at this stage. 4 8. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. 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 Preeti