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2026 DAILYLAW 7347 (CHH)

HARISH KUMAR SONKAR v. STATE OF CHHATTISGARH

MCRC/1283/2026 · 2026-04-24

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Judgment text

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1 2026:CGHC:19153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1283 of 2026 • Harish Kumar Sonkar S/o Khelan Sonkar Aged About 28 Years R/o Mandirpara, Bhathgaon, P.S. Purani Basti, District Raipur Chhattisgarh (Detail Of The Applicant Has Not Mentioned In Annexure A-1) ... Applicant versus • State of Chhattisgarh Through- Station House Officer, Police Station Civil Line Raipur, District : Raipur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant(s) : Mr. Rekhraj Baghel, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G. A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 44/2025 registered at Police Station Civil Line, District Raipur, (C.G.) for the offence punishable under Sections 111, 3(5), 317(2), 317(4) and 317(5) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that That, case of the prosecution is in a nutshell that an information was received through the cyber VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.25 18:52:54 +0530 2 crime reporting portal that 104 bank accounts has been fraudulently opened in Utkarsh Small Finance Bank, Civil Lines Branch Raipur and were being used for receiving proceeds of cyber fraud. Acting on directions from the police headquarters, a report regarding the incident was forwarded to police station civil lines, Raipur, where registered against all 104 account holders, including the present applicant for commission of aforesaid offence punishable under section 111, 3(5), 317(2), 317(4) and 317(5) of B.N.S. Hence this application. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 23.01.2026. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He further submitted that the co-accused namely Goutam Bharti has already been granted second bail by this Court in M.Cr.C. No. 10154 of 2023 vide order dated 10.12.2025 and as such, on the ground of parity, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application. He could not dispute the fact that the second bail of co-accused namely Goutam Bharti has already been granted bail by this Court in M.Cr.C. No. 10154 of 2023 vide order dated 10.12.2025. He further submits that in compliance of this Court’s order dated 05.02.2026, concerned Investigating Officer has filed his personal affidavit in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant, the fact that the conclusion of the trial may take some time and further that the co-accused namely Goutam Bharti has already been granted second bail by this Court in M.Cr.C. No.10154 of 2023 vide order dated 10.12.2025, hence, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant- Harish Kumar Sonkar involved in Crime No. 44/2025 registered at Police Station Civil Line, District Raipur, (C.G.) for the offence punishable under Sections 111, 3(5), 317(2), 317(4) and 317(5) of Bhartiya Nyay Sanhita, 2023, be released on bail on their 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 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 4 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 copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Vaishali