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2026 DAILYLAW 5701 (CHH)

ASHISH KALWANI v. STATE OF CHHATTISGARH

MCRC/497/2026 · 2026-01-13

body2026

Judgment text

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1 2026:CGHC:2310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 497 of 2026 Ashish Kalwani S/o Ramesh Lal Kalwani, Aged About 30 Years R/o Near Tillu Hotel, Infront Of Ram Mandir, Khokhopara, Police Station Purani Basti, District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, Raipur, District – Raipur, C.G. ---- Non-applicant For Applicant : Mr. Navin Shukla, Advocate. For Non-applicant/State : Mr. Dharmesh Shrivastava, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.129/2025 registered at Police Station – Cyber Range Raipur, Civil Lines, District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS. 2. The case of the prosecution is that, an information was received at Police Station concerned whereby on 23.03.2025 upon considering the information received from Cyber Range Police Station Raipur for actions against the mule account holders through the coordination portal operated by Home Ministry, Government of India, prima facie RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 crime under Sections 317(2), 317(4), 317(5), 111 and 3(5) of B.N.S. 2023 was found to have been committed, therefore the crime was registered and was taken up for investigation. That, the information reflects in the Coordination Portal of the Indian Cyber Crime Coordination Center which is operated by the Home Ministry, Government of India, which is a comprehensive guide for sharing information as to Cyber Crime for the purpose of investigation by the Police, upon receiving such information of the mule account which is being used for disbursing, utilizing and enriching the amount obtained from the Cyber Fraud, therefore such information related to Cyber Fraud was collected from the Coordination Portal, in which a total of 128 Bank Accounts of the Bank Of Maharashtra Raipur Branch were found to have deposits of Rs. 64,10,855/- till 11.01.2025, which had been obtained by way of Cyber Fraud. Upon receiving the said information and having reason to believe that the amount is being used, concealed or disposed for the purpose of Cyber Fraud with respect to the aforesaid bank accounts, the offence was registered and taken up for investigation. Hence, this application. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that in the present case as a result of a deliberate conspiracy, as he has no connection whatsoever with the alleged offence and has been in custody since 24.06.2025; notably, the co-accused person Ishika Singh whose bail application was rejected by this Court in MCRC No.14.07.2025 passed in MCRC No. 5467/2025, had preferred an Special Leave Petition bearing SLP (Crl.) No. 3 13678/2025 before the Hon’ble Supreme Court and the same was allowed the she was granted bail vide order dated 13.10.2025, on the ground that only a paltry sum of Rs. 8,000/- has been credited to her account, and in the same manner, and the mobile number which was linked with the account of Ishika Singh, was in the name of the applicant, and the bail application of the co-accused Avinash was also granted bail by this Court vide order dated 08.01.2026 passed in MCRC No.148/2026, therefore, on the ground of parity, the applicant is also liable to be granted bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant along with co-accused persons, was involved in organized cyber fraud and facilitated the diversion and circulation of proceeds of crime amounting to Rs.64,10,855/- by opening and using multiple bank accounts. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations, and in view of the fact that the co- accused person Ishika Singh whose bail application was rejected by this Court in MCRC No.14.07.2025 passed in MCRC No. 5467/2025, had preferred an Special Leave Petition bearing SLP (Crl.) No. 13678/2025 before the Hon’ble Supreme Court and the same was allowed the she was granted bail vide order dated 13.10.2025, on the ground that only a paltry sum of Rs. 8,000/- has been credited to her 4 account, and in the same manner, and the mobile number which was linked with the account of Ishika Singh, was in the name of the applicant, and the bail application of the co-accused Avinash was also granted bail by this Court vide order dated 08.01.2026 passed in MCRC No.148/2026, therefore, on the ground of parity, the applicant is entitled to be released on bail. Further, taking into account that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 24.06.2025, and considering that the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicant has made out a fit case for grant of bail. Accordingly, the bail application is allowed and the applicant is directed to be released on bail. 7. Let applicant, Ashish Kalwani, involved in Crime No.129/2025 registered at Police Station – Cyber Range Raipur, Civil Lines, District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, 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 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 5 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar