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2026 DAILYLAW 33008 (CHH)

SHAILENDRA CHAUHAN v. STATE OF CHHATTISGARH

MCRC/6536/2026 · 2026-08-18

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Judgment text

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1 CGHC010258722026 2026:CGHC:37197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6536 of 2026 Shailendra Chauhan S/o Late Gangaram Chauhan Aged About 31 Years R/o Ghatmadva, Police Station- Gidhouri, District- Balodabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Balodabazar District- Balodabazar -Bhatapara (C.G.) ... Non-Applicant For Applicant : Shri Kashish Saluja, Advocate. For Non-Applicant : Shri Soumya Rai, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19/08/2026 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.763/2025 registered at Police Station City Kotwali, District Balodabazar-Bhatapara (C.G.) for the offence under Sections 317 KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.20 18:50:19 +0530 2 (4), 318 (4) & 61 (2)(A) of the BNS and under Section 66 (d) of the IT Act. 2. The prosecution case, in brief, is that the cyber cell has issued a letter to the concerned police relating to the mule account that some persons have used the Bank Account Number 1214102000004039 in the IDBI Bank owned and prepared by Laxmi Traders and Mahalaxmi Traders, proprietor Laxmi Narayan Patel and some persons have used the said account in between 24.06.2025 and 01.07.2025 and made transaction of huge money by the proprietor Laxmi Narayan Patel and therefore, the Police has registered the crime and on the basis of memorandum statement of Laxmi Narayan Patel, the other accused persons have been arrested in the case. It is further deposed by the said Laxmi Narayan Patel in his memorandum statement that he met with one Shailendra Chouhan who told him about online trading fraud and its commission and on being allured by him, he had opened a current bank account vide Bank Account Number 1214102000004039 in which Mobile Number 8435877444 was got registered. Thereafter the FIR was registered against the applicant and co-accused persons. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The charge sheet has already been filed and the charges have also been framed and no further custodial interrogation of the applicant is required. The applicant does not have any criminal 3 antecedent. It is further submitted that co-accused Anil Kurre has already been released on bail by the Hon’ble Supreme Court vide order dated 16.7.2026 passed in SLP (Crl.) No.10983/2026 and the applicant is in jail since 24.10.2025. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that in compliance of the order passed by this Court on 21.7.2026, the concerned I.O. has filed his personal affidavit. He further submits that the applicant does not have any criminal antecedent, and the charge sheet has been submitted against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, the applicant does not have any criminal antecedent and that co-accused Anil Kurre has already been released on bail by the Hon’ble Supreme Court vide order dated 16.7.2026 passed in SLP (Crl.) No.10983/2026 and the applicant is in jail since 24.10.2025, and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Shailendra Chauhan, involved in Crime No.763/2025 registered at Police Station City Kotwali, District 4 Balodabazar-Bhatapara (C.G.) for the offence under Sections 317 (4), 318 (4) & 61 (2)(A) of the BNS and under Section 66 (d) of the IT Act, 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 5 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 applicants are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve