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2026 DAILYLAW 6371 (CHH)

MAQSOOD @ MAKKU v. THE STATE OF CHHATTISGARH

MCRC/2938/2026 · 2026-04-14

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:17230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2938 of 2026 Maqsood @ Makku S/o Ajad Cast- Mev Musalman Aged About 28 Years R/o Village Paimakheda, P.S. Punhana, District- Nuh Haryana. ... Applicant versus The State Of Chhattisgarh Through Sho, P.S. Baikunthpur, District- Korea (C.G.) ... Respondent For Applicant : Mr. Ghanshyam Sharma, Advocate appears through video conferencing For Respondent-State : Mr. Hariom Rai, Panel lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 15.04.2026 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 168/2023 registered at Police Station – Baikunthpur, District- Korea, (C.G.) for offence punishable under Section 420, 388, 120(b), 419, 471, 34 of Indian Penal Code and 66(c), 66(d) of IT Act. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.04.17 14:21:27 +0530 2 2. Case of prosecution in brief is that the complainant got a call in his mobile phone from an unknown person and, thereafter, one message has also been forwarded to him in his mobile and when he opened that message some obscene photographs were found to be uploaded. Thereafter complainant had immediately disconnected his phone and closed the whatsapp chat. After sometime, he received a call from one unknown person upon which he was threatened and was subsequently asked to deposit a specific amount in an account provided to him. Complainant had deposited the amounts on different dates total of which is Rs. 3,50,040/-(Three Lakhs fifty thousand and forty rupees) and thereafter has lodged the report. Applicant was arrested on 15.12.2025. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any offence as alleged. He further submits that after his arrest apart from one mobile phone not even a single article has been seized from his possession. The bank account in which, alleged amount said to be deposited by complainant is in name of co-accused Kishan Kumar and not of applicant. He lastly submits that trial may take considerable time to conclude, and also that applicant is in jail since 15.12.2025, hence he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for applicant and would submit that based on the complaint made by the complainant after investigation, co-accused persons namely Niraj Kumar and Kishan Kumar were arrested and in their memorandum statement they have named the present applicant of making a plan of opening an account through the call given by him to 3 Niraj Kumar co-accused on his mobile. He submits that he was allured to get him one bank account opened to his friends on relatives which he will operate for sometime and thereafter, it will be reclined. Thereafter one bank account in name of Kishan Kumar was opened. He also pointed out that in the bank account the mobile no. which is seized from possession of applicant is mentioned and its no. is 9518157457. He lastly submits that from the material collected by Police during investigation it is also found that he was in possession of multiple sim cards and he has also given the whatsapp call from one other sim bearing no. 9366304350. Bail application filed by co-accused were rejected vide order dated 08.02.2024 in a MCRC No. 544 of 2024 along with MCRC No. 397 of 2024. At that time the applicant was absconded and the charge sheet was filed showing him to be absconding. After trial two co-accused persons Kishan Kumar and Niraj Kumar were convicted by learned trial Court by its judgment dated 30. 11.2024. 5. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 6. Considering the submission made by learned counsel for the respective parties, nature of allegation, alleged role played by the applicant and further that applicant was absconding and was arrested only on 15.12.2025 for the offence registered in the year 2023, I do not find present to be a fit case to allow the application, accordingly, application is dismissed. Certified copy as per rules. sd/- (Parth Prateem Sahu) alfiza JUDGE