Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:7906
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 832 of 2026 Durgesh Kumar Soni S/o Radheshyam Soni Aged About 25 Years R/o Gurughasidas Nagar, Bhilai P.S. Jamul District- Durg Chhattisgarh
--- Applicant versus State Of Chhattisgarh Through Police Station Farasgaon District- Kondagaon (C.G.) --- Non-applicant
MCRC No. 837 of 2026 Durgesh Kumar Soni S/o Radheshyam Soni Aged About 25 Years R/o Gurughasidas Nagar, Bhilai P.S. Jamul District- Durg Chhattisgarh
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Farasgaon, District Kondagaon C.G. --- Non-applicant
MCRC No. 843 of 2026 Durgesh Kumar Soni S/o Radheshyam Soni Aged About 25 Years R/o Gurughasidas Nagar, Bhilai P.S. Jamul District- Durg Chhattisgarh
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Farasgaon, District - Kondagaon (C.G.) --- Non-applicant
VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.13 12:59:20 +0530
2 MCRC No. 983 of 2026 Durgesh Kumar Soni S/o Radheshyam Soni Aged About 25 Years R/o Gurughasidas Nagar, Bhilai P.S. Jamul District- Durg Chhattisgarh
---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Farasgaon, District- Kondagaon (C.G.) --- Non-applicant
For Applicant : Mr. B.P. Sharma, Advocate. For Non-applicant/State : Mr. S. S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 12.02.2026
1. Since the above-mentioned four bail applications arise out of same applicant, they are clubbed and heard together and are being
disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicant who has been arrested in connection with Crime No. 84/2025 (in MCRC No. 832/2026), Crime No. 46/2025 (in MCRC No. 983/2026), Crime No. 82/2025 (in MCRC No. 837/2026) and Crime No. 83/2025 (in MCRC No. 843/2026) registered at Police Station - Farasgaon, District – Kondagaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita. 3. Case of the prosecution in brief is that, the Indian Cyber Crime Coordination Centre (I4C), operated under the Ministry of Home
3 Affairs, launched the “Coordination Portal” as a guiding platform for the police to collect and record information relating to cyber crimes and to investigate bank accounts used to intercept, transact, store and disburse money obtained through cyber fraud. Acting on the instructions received from the Superintendent of Police, Cyber Cell, an investigation was conducted into Bank Account No. 327702000000241 of Indian Overseas Bank held in the name of Bhavesh Taram, against whom five different complaints were registered. Upon scrutiny of the transactions, it was found that an amount of Rs.1,01,65,959/- had been transacted through the said account, which prima facie appeared to be connected with cyber fraud and indicated that the account was used for receiving, storing and transferring the defrauded money. Accordingly, a case was registered at Police Station Farasgaon, District Kondagaon, under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and the investigation was taken up. 4. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, having committed no offence. He had no knowledge about any money being deposited in his bank account and has not withdrawn any amount from his personal account, nor has anything been seized from his possession. The applicant has no role in the alleged offence and has been made an accused merely on the basis of the memorandum statement of co-accused Prabhakar Rai, which is not legally admissible evidence to connect him with the crime. His name does not find place in the FIR and all the alleged transactions were carried out from the account of co-accused Bhavesh Taram.
The applicant has not
4 actively participated in the alleged offence and has been implicated only on the basis of suspicion. He has been in judicial custody since 30.06.2025 for about six months, is the sole bread earner of his family and has no previous criminal antecedents. He is not involved in any illegal money transaction through mule accounts and the allegation of hatching conspiracy with co-accused persons is baseless. The applicant undertakes to raise any other grounds at the time of
arguments and is ready to furnish adequate surety and abide by all terms and conditions as may be imposed by the Hon’ble High Court. 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed and the applicant has four criminal antecedents; therefore, he is not entitled to the grant of regular bail. 6. I have heard learned counsel appearing for the parties and perused the document available on record. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, the allegations levelled against the applicant, and the fact that the co-accused, namely Chandan Kumar Vishwakarma, has already been granted bail vide order dated 05.02.2026, and further that the applicant has four previous criminal antecedents which have been explained in paragraph No. 4(a) of this bail application, and that the charge-sheet has already been filed, this Court is of the view that the applicant is entitled to be released on bail in all above mentioned cases. 8. Accordingly, the bail application is allowed. Let the Applicant - Durgesh Kumar Soni involved in Crime No. 84/2025 (in MCRC No.
5 832/2026), Crime No. 46/2025 (in MCRC No. 983/2026), Crime No. 82/2025 (in MCRC No. 837/2026) and Crime No. 83/2025 (in MCRC No. 843/2026) registered at Police Station - Farasgaon, District – Kondagaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita., 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 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. 6 (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. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE vaibhav