1 CGHC010268382026 2026:CGHC:29821 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6269 of 2026 1 - Goutam Punjabi S/o Shri Permannand Punjabi, Aged About 28 Years, R/o Sindhi Colony, Metharam, Pachoura, District- Jalgaon (Maharashtra) ... Applicant versus 1 - State of Chhattisgarh Through S.H.O. Police Station Khairagarh, Distt- Khairagarh- Chhuikhadan-Gandai (C.G.) ... Non-applicant (Cause-title taken from Case Information System) For Applicant : Dr. Shailesh Ahuja and Mr. Palash Rajani, Advocates. For State/Non-applicant : Mr. Avinash Singh, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 14-07-2026 1. The present is second bail application filed before this Court by the applicant Goutam Punjabi who has been arrested on 25.10.2025 in connection with Crime No.476/2025 registered at Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 318(4), 319,111(2),61(B) of BNS, 2023, Section 66(D) of the IT Act and Sections 6 & 7 of The Chhattisgarh Gambling (Prohibition) Act, 2022. His first bail application has been dismissed on merits vide order dated 13.01.2026 passed by this Court in MCRC No. 9842 of 2025. 2. As per prosecution case, on 15.10.2025 an FIR has been registered against the present applicant at Police Station Khairagarh for the offence under Section 66(D) of the Information Technology (Amendment) Act, 2008 and Section 318 of BNS, 2023 on the complaint made by the complainant Ku. Digitally signed by MOHAMMED AADIL KHAN Date: 2026.07.16 17:34:49 +0530 2 Vasudha Sinha stating that she is a student of Pre. Ph.D at Indira Kala Sangeet Vishwavidyalay, Khairagarh, on 22.08.2025 she punches Instagram App for shopping of Chickenkari clothes and then the person to whom she contacted in that Instagram App send a Q.R. Code for Rs.1000/- in the mobile phone of complainant and get it transferred in his bank account and thereafter he continuously got deposited Rs.64,100/- from the bank account of complainant to his own account. He still persists his demand to transfer the amount in his bank account and he will return the entire amount to complainant. Immediately the complainant made a complaint in dial No.1930 and then FIR has been registered. During investigation the present applicant was arrested on 25.10.2025 and his memorandum statement was recorded. From the present applicant one I-phone having two SIM Cards, 8 bank passbooks of different account of different persons, 11 ATMs of different account and one cheque book of another account holder have been seized from him. On the basis of his memorandum statement, other accused persons have been arrested and huge number of bank passbooks, ATM cards, laptop, mobile SIM Cards etc. have been seized. During investigation it was found that the applicant has framed a network throughout the country to cheat the persons through online mode and it is the applicant who is the main person who deputed other persons to work for him. After investigation, the charge sheet has been filed in which the applicant is claiming his regular bail. 3. Learned Counsel for the applicant would submit that the applicant is in jail since 25.10.2025 and till date only 4 witnesses have been examined out of total 10 witnesses. The complainant herself is not appearing in the case despite repeatedly summons were issued to her and ultimately the learned trial court has issued bailable warrant against her. He would further submit that all the other witnesses are police personnel and the police station is adjoining to the court premises, yet the police personnel could not be served 3 with the summons and they are also not appearing in the proceeding to record their evidence. The present applicant is resident of Jalgaon (Maharashtra) and falsely implicated in the offence and detained in Khairagarh jail on the false allegation. He would further submit that the allegation against the present applicant that they cheated the complainant by transferring the Q.R. code and get the amount deposited in his own account could not be substantiated by producing relevant documents in the charge sheet and only on apprehension the present applicant is being prosecuted. There is no chance of any ultimate conviction. Since the witnesses are not turning up for their evidence, the ultimate outcome of the trial will take its own time. The applicant is in jail since 25.10.2025 which would amount to pre-trial detention. Therefore, he may be enlarged on bail. 4. On the other hand, the counsel appearing for the State opposes the submissions made by learned counsel for the applicant and would submit that the complainant was student at the time when the alleged offence was committed. She was the student of Khairagarh Music University and after completion of her education she left to her native place and the police is trying to serve the summons upon her for recording of her evidence. Learned counsel appearing for the State would also make submission that on the next date of hearing the police authorities will record their evidence before the learned trial Court. He would also submit that out of 10 witnesses 4 have already been examined and the trial is in progress. The first bail application of the applicant has been dismissed on merits and there is no likelihood of delay of trial of the case. Therefore, the present second bail application of the applicant is liable to be dismissed. 5. I have heard the counsel for the parties and perused the material annexed with the bail application. 6. Considering the submissions made by the learned counsel for the parties, considering the fact that the first bail application of the applicant has already 4 been rejected on merits vide order dated 13.01.2026 passed in MCRC No.9842 of 2025, out of 10 witnesses 4 have already been examined, from the order sheets annexed with the bail application it also transpires that the trial Court is regularly issuing summons and bailable warrant to the witnesses and on 27.06.2026 the bailable warrant is issued to the complainant and summons has been issued to other police witnesses, I am not inclined to release the applicant on bail by allowing his second bail application. Accordingly, the present second bail application filed by the applicant is rejected at this stage. 7. Considering the fact that the applicant is in jail since 25.10.2025, the learned trial Court is directed to make all its endeavour to conclude the trial as early as possible. Sd/- (Ravindra Kumar Agrawal) Judge Aadil