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2026 DAILYLAW 5338 (CHH)

AJAY SONI @ AJJU SONI v. STATE OF CHHATTISGARH

MCRC/713/2026 · 2026-01-19

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Judgment text

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1 2026:CGHC:3408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 713 of 2026 Ajay Soni @ Ajju Soni S/o Late Rup Prasad Soni Aged About 21 Years R/o Near Patel Chowk Near Hatri P.S. Tikrapara, District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House O0cer, Police Station Civil Line Raipur, District Raipur C.G. ... Non-applicant(s) For Applicant : Mr. Bharat Lal Sahu, Advocate For Non-applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.01.2026 1. The applicant has 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. 44/2025, registered at Police Station : Civil Lines, Raipur, District- Raipur (C.G.) for the o:ence punishable under Sections 111, 3(5), 317(2), 317(4), 317(5) of Bhartiya Nyaya Sanhita. 2. The case of the prosecution, in a nutshell, is that information was received through the Cyber Crime Reporting Portal and its KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 coordination mechanism to the e:ect that 104 bank accounts had been fraudulently opened in Utkarsh Small Finance Bank, Civil Lines Branch, Raipur (IFSC Code: UTKS0001400), which were allegedly being used for receiving proceeds of cyber fraud. Acting upon the directions issued by the Police Headquarters, a detailed report along with particulars of the said bank accounts was forwarded to Police Station Civil Lines, Raipur (C.G.). Pursuant thereto, FIR No. 44/2025 was registered against all 104 account holders, including the present applicant, for o:ences punishable under Sections 111, 3(5), 317(2), 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation, the present applicant was arrested by Police Station Civil Lines, District Raipur (C.G.) in connection with the aforesaid o:ences. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further submitted that a similarly situated co-accused, namely Harmeet Singh @ Yashmit, has already been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 15006/2025 vide order dated 19.11.2025 and further the fact that similarly situated co-accused namely Om Arya has already been granted bail by this Court vide order dated 27.11.2025 in MCRC No. 9388/2025. In view of the principle of parity, learned counsel prays that the applicant may also be enlarged on bail. 4. On the other hand, learned State Counsel, appearing for the State/non-applicant, submit that the charge-sheet has been Bled before the competent Court and the trial is currently in progress. He 3 further concur with the submission made on behalf of the applicants to the e:ect that the principle of parity may be considered, however, he contend that the serious nature of the o:ences, the ongoing investigation and the possibility of inCuencing witnesses weigh against granting bail to the applicant at this stage. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegations levelled against the applicant and the fact that a similarly situated co-accused, namely Harmeet Singh @ Yashmit, has already been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 15006/2025 vide order dated 19.11.2025 and further the fact that similarly situated co-accused namely Om Arya has already been granted bail by this Court vide order dated 27.11.2025 in MCRC No. 9388/2025 and further in the present case, charge-sheet has been Bled before the competent Court therefore, without further commenting anything on merits, I am inclined to grant bail to the present applicant on parity. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant, Ajay Soni @ Ajju Soni, involved in Crime No. 44/2025, registered at Police Station : Civil Lines, Raipur, District- Raipur (C.G.) for the o:ence punishable under Sections 111, 3(5), 317(2), 317(4), 317(5) of Bhartiya Nyaya Sanhita, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following 4 conditions:- (i) The applicant shall Ble an undertaking to the e:ect that he shall not seek any adjournment on the dates Bxed 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 Bxed, either personally or through his counsel. In case of his absence, without su0cient 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 Bxed 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 Bxed 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 su0cient cause, then it shall be 5 open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. O0ce is directed to send a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal