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2026 DAILYLAW 29719 (CHH)

AMBIKA KHALKHO v. STATE OF CHHATTISGARH

MCRC/6008/2026 · 2026-07-28

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Judgment text

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1 CGHC010256242026 2026:CGHC:32715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6008 of 2026 Ambika Khalkho S/o Ramesh Khalkho Aged About 26 Years Occupation - Business R/o Urao Para Bauri Para Thana And Tehsil- Ambikapur District- Sarguja (Chhattisgarh) ...Applicant Versus State Of Chhattisgarh Through- The Station House Officer, Gandhinagar Ambikapur Police Station Ambikapur District - Sarguja (C.G.) …Non-applicant For Applicants : Ms. Naitika Sahu, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29.07.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 0314/2026, registered at Police Station : Gandhi Nagar, Ambikapur District - Sarguja (C.G.) for the offence punishable under Sections 318(4) & 317 (4) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.30 12:18:50 +0530 2 2. The prosecution case, in brief, is that Police Station Gandhinagar, District Surguja (C.G.), registered Crime No. 314/2026 against the present applicant for the offences punishable under Sections 317(4) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 413 and 420 of the IPC). It is alleged that in connection with a cyber fraud, an amount of Rs.31,420/- was transferred through bank account No. 60504963144. As per the bank statement of the said account, a total amount of Rs.33,00,000/- was deposited and withdrawn through the account of the applicant/accused. During investigation, the applicant was arrested on 28.05.2026 and, after being produced before the competent Court, was remanded to judicial custody at Central Jail, Ambikapur. The case diary further reveals that the applicant is a resident of Maharashtra. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that the essential ingredients of the alleged offences are not made out against him. It is submitted that the applicant is not named in the FIR and there is no allegation of any inducement, communication or direct participation by him. Learned counsel further submits that no amount of the alleged cheated money has been traced to the applicant and there is no receipt, transfer, financial benefit or other material connecting him with the alleged offence. It is also submitted that the investigation has been completed and the prosecution case is based mainly on documentary and electronic evidence, including bank statements, account records, UTR details and digital data, which are already in the possession of the Investigating Officer, and therefore, no further custodial interrogation is required. Learned counsel further 3 submits that no relevant witness has been examined under Section 180 of the BNSS and no material has been collected showing that the applicant knowingly received or dealt with any proceeds of crime. The applicant has cooperated with the investigation and undertakes to continue to do so, is not a flight risk, has permanent roots in society, and there is no likelihood of his absconding or tampering with the prosecution evidence. It is further submitted that the applicant is ready to furnish adequate surety and abide by all conditions imposed by this Hon'ble Court. Therefore, considering the facts and circumstances of the case and the period of custody, the applicant deserves to be enlarged on regular bail. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed. It is further submitted that, in compliance with the order dated 07.07.2026, the Investigating Officer has filed an affidavit stating that during investigation, the present applicant, Ambika Khalkho, was summoned, interrogated and taken into custody, and her memorandum statement was recorded, wherein she disclosed that she had sold her bank account and the SIM card linked with the said account to co-accused Shivam Gupta for monetary gain. Learned State Counsel further submits that the alleged cyber-fraud funds were received in Bank of Maharashtra Account No. 60504963144, standing in the name of the applicant and linked with mobile number 8349385093, and online complaints relating to the said account were registered on the Coordination Portal. It is contended that the applicant knowingly allowed her bank account to be used for receiving and transferring proceeds of cyber fraud. The bank records further reveal unusual transactions of approximately Rs.33 lakh within 4 a short period, immediately after the account was opened on 05.09.2024, which is inconsistent with normal banking activity and prima facie indicates that the account was used for illegal financial transactions. Therefore, considering the material collected during investigation and the applicant's alleged role in facilitating the cyber fraud, learned State Counsel submits that the applicant is not entitled to the benefit of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the rival submissions, perused the case diary and the material available on record, this Court finds that the bank account of the applicant was allegedly used for receiving and transferring the proceeds of cyber fraud. The investigation prima facie reveals that the applicant had sold her bank account and the SIM card linked with it to the co-accused for monetary consideration. The bank records further show unusual transactions of approximately Rs. 33 lakh within a short period, which prima facie indicates that the account was used for illegal financial transactions. The material collected during investigation, including the applicant's memorandum statement and bank records, prima facie connects her with the alleged offence. Considering the nature of the allegations and the material available on record, this Court is not inclined to grant regular bail to the applicant. 7. Accordingly, the bail application is rejected. 8. Accordingly, the bail application of the applicant – Ambika Khalkho involved in Crime No. 0314/2026, registered at Police Station : Gandhi Nagar, Ambikapur District - Sarguja (C.G.) for the offence punishable 5 under Sections 318(4) & 317 (4) of the BNS, is rejected 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 vaibhav