1 CGHC010306572026 2026:CGHC:38440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7421 of 2026 1 - Kshitij Singh Khairwar S/o Shri Omprakash Singh Khairwar Aged About 21 Years Occupation- Student, Resident Of Haldibadi, P.S.- Chirmiri, Tahsil Podi, District- M.C.B. (Manendragarh-Chirmiri- Bharatpur), C.G. Applicant (s) versus 1 - State Of Chhattisgarh Through- Station House Officer, P.S. Gandhinagar Ambikapur, District- Surguja, C.G. Respondent(s) MCRC No.7751 of 2026 1 - Anup Kumar Chaubey S/o Nagendra Nath Chaubey Aged About 30 Years R/o Village Ketat, P.S. Rehla, District- Palamu (Jharkhand) Presently R/o Bauripara Kenabandh, P.S. Ambikapur, District- Surguja (C.G.) Applicant (s) Versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station- Gandhinagar Ambikapur, District- Surguja (C.G.) Respondent(s) Digitally signed by R NIRALA 2 MCRC No.7452 of 2026 1 - Shivam Painkra S/o Shri Rajendra Prasad Aged About 20 Years Occupation - Student (K R Technical College), R/o Village Bandana, Post - Cot, P.S. And Tahsil Sitapur District Surguja Chhattisgarh Applicant (s) Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Gandhinagar Ambikapur, District Surguja Chhattisgarh Respondent(s) For Applicant (s) : Mr. Avinash K. Mishra and Mr. Shakti Raj Sinha, Advocates For Respondent(s) : Mr. Sangharsh Pandey, GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026 1. These are the first bail applications filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime No.649/2025, registered at Police Station Gandhinagar, Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 318 (4), 317 (4), 111, 61 (2) of BNS. 2. The case of the prosecution, in brief, is that the complainant Sujit Kumar Mandal Proprietor of Gandhinagar, "Kali Mai Choice Center Sakalo, P.S Ambikapur District-Surguja" filed a written 3 complaint before the S.H.O concerned on 16.11.2025 and informed that on the relevant date on 01.11.2025 when he was working in the Choice Center one Anish Giri fraudulently received cash amount of Rs. 99,999/- through service of Choice Center, it is further said that the said amount was transferred by committing forgery, resultantly when complainant visited the IndusInd Bank on 07.11.2025 when it was informed by the bank that because of forged transaction the account of Choice Center has been blocked. During investigation, the applicants were also found involved in commission of the aforesaid offence. therefore the police registered the FIR against the applicants and arrested the applicants along with the co-accused, and thereafter filed the charge sheet before the competent court. 3. Learned counsel for the applicants jointly submit that the applicants are innocent and have been falsely implicated in crime in question. It is further submitted that the applicants are the students and the main accused Anish Giri who received the amount in his account has already been granted regular bail by this Court vide order dated 20.04.2026 in MCRC No.1387/2026 and the co-accused Varsha Singh @ Varsha Singh Porte has also been granted regular bail by this Court vide order dated 20.04.2026 in MCRC No.2165/2026. It is further submitted that the applicant Kshitij Singh Khairwar is having eye disease and treatment of the same is already going on, the applicants are in jail since 25.02.2026 & 08.05.2026, the applicants Kshitij Singh 4 Khairwar and Shivam Painkra have no criminal antecedents, whereas the applicant Anup Chaubey has 5 criminal antecedents i.e. Crime Nos.132/2025, 280/2025, 91/2025, 130/2026 & 869/2025 and out of 5, in two criminal antecedents i.e. Crime Nos.130/2026 & 869/2025, he has already been granted regular bail by this Court vide order dated 15.07.2026 in MCRC Nos.6304/2026 and 6331/2026, respectively, charge sheet has already been filed and trial is likely to take quite long time for its conclusion, therefore, they pray that the applicants be released on regular bail. 4. On the other hand, learned State counsel opposes the bail applications of the applicants and submits that the applicants hatched a conspiracy and committed the offence through cyber fraud and received the amount from the complainant’s bank account fraudulently and the applicant Anup Chaubey has 5 criminal antecedents, as such they are habitual offender. Therefore, the applicants are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence and further considering that the applicants are alleged to have received the amount from the bank account of the complainant fraudulently and prima facie they appear to be involved in commission of the aforesaid 5 offence and though the applicant Anup Chauby was granted bail by this Court in two criminal antecedents i.e. Crime Nos.130/2026 & 869/2025 vide order dated 15.07.2026 in MCRC Nos.6304/2026 and 6331/2026, respectively, but there appears to be 3 more criminal antecedents i.e. Crime Nos.132/2025, 280/2025, 91/2025, 130/2026 & 869/2025 against the applicant Anup Chaubey, which are pending, as demonstrated by the learned State counsel from the return filed by the Investigating Officer and in connivance with the other applicants Kshitij Singh Khairwar and Shivam Painkara the aforesaid offence has been committed by all 3 applicants and though the applicants are the students and though there are no criminal antecedents against the applicants Kshitij Singh Khairwar and Shivam Painkara but they both hatched a conspiracy along with the applicant Anup Chaubey and committed the aforesaid offence, therefore, without commenting anything on the merits of the case, I am not inclined to allow these applications. 7. Accordingly, the bail applications of the applicants Kshitij Singh Khairwar, Anup Kumar Chaubey and Shivam Painkara involved in Crime No.649/2025, registered at Police Station Gandhinagar, Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 318 (4), 317 (4), 111, 61 (2) of BNS, are rejected. Sd/- (Ramesh Sinha) Chief Justice Nirala