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2026 DAILYLAW 21892 (CHH)

SOIEB KHAN v. STATE OF CHHATTISGARH

MCRC/5085/2026 · 2026-06-16

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Judgment text

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1 2026:CGHC:24402 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5085 of 2026 • Soieb Khan S/o Abdul Sahban Ansari Aged About 21 Years (Wrongly Mention As Sehabkhan) R/o Village- Amtahi, Police Station- Samripath, District- Balrampur- Ramanujganj Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station- Balrampur, (Wrognly Mention As Sanawal) District- Balrampur- Ramanujganj Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Aditya Khare, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 1. This is the Second Bail Application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 40/2025, registered at Police Station- Balrampur, District- Ramanujganj, (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 318(4), 61(2), 338, 339, 340, 341 of Bharatiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.18 17:38:14 +0530 2 4168/2025 was rejected by this Court vide order dated 13.08.2025 on merits. 3. Case of the prosecution, in brief, is that by the letter of Superintendent of Police, Balrampur, to Police Station Balrampur, District Balrampur- Ramnujganj (C.G.) regarding opening mule account in the some commercial bank in the different name of the persons to which the aforesaid bank, the mule account was inquired by the Cyber Crime Coordination Centre portal under the Ministry of Home Affairs, Government of India. The aforesaid inquiry by the Cyber Cell and found that under situated the Police Station District Balrampur- Ramnujganj (C.G.) Utkarsh Small Bank, Branch Balrampur, Balrampur of Account No. 1427018440898043 Account holder Soieb Khan along with his friend has been made criminal conspiracy and received the monetary benefit. It is alleged that the aforesaid accounts allegedly used mule accounts for transferring, withdrawing and laundering proceeds of cyber crime. Upon investigation, it was found that said accounts were held in names of multiple individuals. Further, the Cyber Crime Coordination Centre portal found the total fraud of Rs. 8,22,146/- in ill-legal transaction of the aforesaid mule account. On the information of the Police Station Balrampur, District - Balrampur- Ramnujganj (C.G.) registered the F.I.R. against the Soieb Khan and after investigation, there are other co-accused have been implicated on the basis other co-accused memorandum. 4. Learned counsel for the applicant submits that this is the second bail application, earlier bail application of the applicant being MCRC No. 4168/2025 was rejected by this Hon’ble Court vide order dated 13.08.2025. He further submits that the applicant is in jail since 3 23.04.2025. He also submits that the second bail application filed by other co-accused namely, Abhishek Jaiswal has already been allowed by this Court in MCRC No.3251 of 2026 vide order dated 10.04.2026 and copy of the same parity, the present applicant also deserves to be released on bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that charge-sheet has been filed before the competent Court, but could not dispute the fact that second bail application filed by other co-accused namely, Abhishek Jaiswal has already been allowed by this Court in MCRC No.3251 of 2026 vide order dated 10.04.2026. She also submits that the applicant has no criminal antecedent. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that this is the applicant’s second bail application and that the earlier application, MCRC No. 4168/2025 was rejected by this Court vide order dated 13.08.2025, further considering the fact that the applicant is in jail since 23.04.2025, further the second bail application filed by other co-accused namely, Abhishek Jaiswal has already been allowed by this Court in MCRC No.3251 of 2026 vide order dated 10.04.2026, hence this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail. 8. Accordingly, the second bail application of the applicant is allowed. Let the Applicant – Soied Khan involved in Crime No. 40/2025, registered at Police Station- Balrampur, District- Ramanujganj, (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 4 318(4), 61(2), 338, 339, 340, 341 of Bharatiya 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 her absence, without sufficient 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 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 5 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. 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 Vaishali