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2026 DAILYLAW 29611 (CHH)

KHALESHWAR RAJWADE v. STATE OF CHHATTISGARH

MCRC/5820/2026 · 2026-07-27

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Judgment text

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1 CGHC010243042026 2026:CGHC:32386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5820 of 2026 Khaleshwar Rajwade S/o Banshlal Rajwade Aged About 18 Years R/o Village Katgodi, P.S. And Tahsil - Sonhat, District Koriya Chhattisgarh ...Applicant versus State Of Chhattisgarh Through S H O, P.S. Baikunthpur, District Koriya Chhattisgarh ... Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.07.2026 1. This is the first 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. 218/2025, registered at Police Station – Baikunthpur, District - Koriya (C.G.) for the offence punishable under Sections 111, 317(2), 317(4) & 317(5) of the BNS. 2. The prosecution case, in brief, is that the applicant/accused is alleged VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.29 14:34:41 +0530 2 to have provided his Axis bank account bearing No. 924010057308164 for use in online fraud activities, wherein amounts obtained through cyber fraud from different States were credited into the said account. As per information furnished by Axis bank, a total sum of Rs. 3,13,766/- was credited, Rs. 3,13,211/- was debited and Rs. 47,032/- was frozen. On the basis of complaint FIR has been registered against applicant/accused for the offence under Section 111, 317 (2), 317 (4), 317(5) of B.N.S, and charge sheet has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further that no other criminal case is registered against the applicant in any police station and he has no criminal antecedents. It is contended that the applicant is not the beneficiary of the alleged transactions, as even according to the prosecution case, an amount of Rs. 3,13,766/- was credited into the account, out of which Rs. 3,13,211/- was debited and Rs. 47,032/- was frozen, thereby demonstrating that no substantial wrongful gain accrued to the applicant. It is also submitted that no incriminating article, electronic device, forged document, or proceeds of crime have been recovered from the possession of the applicant. Learned counsel further submits that the applicant is about 18 years of age, is a student, and has been in judicial custody since 25.07.2025. It is argued that the charge-sheet has already been filed, the offences are triable by the Court of Sessions, and the conclusion of the trial is likely to take considerable time. Therefore, considering the applicant's young age, clean antecedents, prolonged 3 incarceration, and the facts and circumstances of the case, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 25.07.2025, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Khaleshwar Rajwade, involved in Crime No. 218/2025, registered at Police Station – Baikunthpur, District - Koriya (C.G.) for the offence punishable under Sections 111, 317(2), 317(4) & 317(5) of the BNS, be released on bail on furnishing personal bond with two local 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 4 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 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav