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2026 DAILYLAW 33310 (CHH)

NEERAJ SONWANI v. STATE OF CHHATTISGARH

MCRC/6112/2026 · 2026-08-16

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Judgment text

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1 CGHC010245162026 2026:CGHC:36650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6112 of 2026 Neeraj Sonwani S/o Shreechandra Sonwani Aged About 27 Years R/o Mahasati Ward Bhatapara, P.S. Bhatapara City, Distt. Balodabazar-Bhatapara, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Of Police Station Bhatapara City, Distt. Balodabazar-Bhatapara, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Mohammed Waquar Rizvi, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.08.2026 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), seeking grant of regular bail. The applicant has been arrested in connection with Crime No. 401/2025 registered at Police Station Bhatapara City, District Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 314, 317(2), 61(2)(A) and 112 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 66(C) and 66(D) of the Information Technology Act, 2000. 2. As per the prosecution story, in brief, the Cyber Cell received information that the bank account of the applicant had been used for receiving 2 fraudulent funds originating from various States in connection with a wider network of organized online scams. It is alleged that the applicant had provided his bank account for the said purpose. That, during the course of investigation, the statement of the applicant was recorded by the police, wherein he stated that, during the period from 01.01.2024 to 31.01.2025, one Manish Kumar Rai had taken the bank accounts of the applicant and other accused persons. The applicant further stated that, after opening the account, he handed over the passbook and ATM card to the main accused and, in return, received a sum of Rs.3,000/-. During the course of investigation, it was found that an amount of Rs.98,000/- had been transferred into the bank account of the present applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the present case. He further submits that no complaint has been made by any person alleging any fraudulent act on the part of the applicant. The applicant had no knowledge that any amount was transferred into his bank account. It is further submitted that the applicant has been in custody since 30.03.2026, has no criminal antecedents, the charge-sheet has already been filed, and the trial is likely to take considerable time for its conclusion. Therefore, learned counsel prays that the applicant be released on bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. He further submits that, in compliance with the order dated 09.07.2026 passed by this Court, the concerned Investigating Officer has filed a personal affidavit disclosing the evidence collected during the course of investigation against the applicant. It is further submitted that cogent evidence regarding criminal transactions has been collected from 3 various mobile SIM cards and bank accounts allegedly linked to the present applicant. According to the learned State Counsel, the material collected during investigation prima-facie indicates the applicant’s involvement in the aforesaid organized cyber fraud network. He further submits that there is a likelihood of the applicant indulging in similar activities if released on bail. Therefore, considering the nature and gravity of the offence and the material collected during investigation, the applicant is not entitled to the benefit of bail. 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, nature and gravity of offence, and the fact that no complaint has been made by any person alleging any fraudulent act on the part of the applicant, the applicant has been in custody since 30.03.2026, has no criminal antecedents, the charge-sheet has already been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. Let the Applicant- Neeraj Sonwani, involved in Crime No. 401/2025 registered at Police Station Bhatapara City, District Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 314, 317(2), 61(2)(A) and 112 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 66(C) and 66(D) of the Information Technology Act, 2000, 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 4 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. (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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti