1 2026:CGHC:20224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1093 of 2026 Akash Joshi S/o Shri Anand Joshi Aged About 32 Years R/o Gole Bazar, Ward No. 4 Than Khamariya, District- Bemetara (C.G.) (Wrongly Mentioned As P.S. Khamariya In The Impugned Order) At Present R/o Wall Fort Aleganty, New Rajendra Nagar, Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- P.S. Civil Lines, Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Keshav Dewangan, Advocate. For Non-Applicant/State : Mr. Ashish Shukla, Additional Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.04.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 0667/2025 registered at Police Station – Civil Lines, District – Raipur (C.G.) for the offence punishable under Sections 61(2), 196, 336(3), 336(4), 356(2), 353(2), 352, 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and 66(d) and under Section 67 of Information and Technology Act, 2000. (Section 238 of BNS was added subsequently while making application for remand). 2. As per the prosecution story, an F.I.R. was lodged alleging that the applicant, along with other co-accused persons, circulated a fabricated PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.01 19:08:09 +0530 2 video with the intent to tarnish the image of Shri Nitin Naveen, National Working President of the B.J.P., Hon’ble Chief Minister Shri Vishnu Deo Sai, and other senior leaders of the B.J.P. It is further alleged that the said video falsely depicts the collection of Rs. 1500/- crores and has been deliberately fabricated and circulated to create confusion, ill will, and public unrest. Such actions are claimed to amount to a breach of peace, promotion of hatred among different sections of society, and also constitute defamation. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued that, even as per the prosecution’s own version, the allegation relates to circulation of a video which is said to have defamed certain persons. Therefore, at its highest, the case would fall within the ambit of defamation, which is essentially a civil wrong, but has been improperly given a criminal colour. Counsel further submits that the applicant has no prior criminal antecedents and has been in judicial custody since 23.12.2025. It is also contended that the trial is likely to take a considerable amount of time to conclude. On these grounds, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. He further submits that from the perusal of record, it transpires that in due course of further investigation, it has also been revealed that all the accused persons involved in the present case with a common intention hatched a criminal conspiracy on social media by deliberately fabricating, creating fake and forged electronic content against the Chief Minister, Ministers, National President and public representatives of the BJP government and organization and circulated the same content on 3 social media through Javed and Aslam Mirza. It has further revealed that, WhatsApp and Telegram chats between the accused persons have been deleted, and all the content in the emails has also been deleted. The accused / applicant Akash Joshi deliberately destroyed the evidence by breaking his mobile OnePlus 13R to screen himself from legal punishment, hence Section 238 of B.N.S. was added in the case against the present applicant. Thus, it is an organized cyber crime committed by the applicant and the co-accused persons. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 08.04.2026, the DCP Central, Commissionerate, Raipur (C.G.), has filed his affidavit showing the incriminating evidence collected against the applicant during the course of investigation, which is quoted here as under: 5. That, upon the aforesaid complaint made by the complainant, the police investigated into the matter and during the investigation it has been found that: (iii) That, in due course of further investigation the accused Ankit Dubey was taken into custody recorded memorandum statement, in which he has revealed that Akash Joshi, who presently looked after the entire work of the BJP IT cell and has provided photos and videos of anti BJP to circulate on social media in which he then writes and then creates reels through Javed and Aslam to make them viral. During the investigation it has also been found after analysis of mobile phone of Ankit Dubey, the mobile number of accused / applicant Akash Joshi whose mobile number 96915-61234, contained of anti-BJP content relating to land guideline 4 rates, the Adani corrupt BJP and others were available in the said mobile. (iv) That, upon the aforesaid incriminating material available in the mobile phone of the accused /applicant, he been has summoned for inquiry/interrogation and recorded memorandum statement who has stated that he himself was overseeing the BJP IT cell and social media platforms. He further stated that he was not provided money Rs. 1 crore by the organization and also instead of him, another company was given the CMO's social media work and due to ideological differences within the organization, payment for the work done by accused Akash Joshi had been stopped. (v) In due course of further investigation, it has also been revealed that all the accused persons involved in the present case with a common intention hatched a criminal conspiracy on social media by deliberately fabricating, creating fake and forged electronic content against the Chief Minister, Ministers, National President and public representatives of the BJP government and organization and circulated the same content on social media through Javed and Aslam Mirza (vi) It has further revealed that, WhatsApp and Telegram chats between the accused persons have been deleted, and all the content in the emails has also been deleted. The accused / applicant Akash Joshi deliberately destroyed the evidence by breaking his mobile OnePlus 13R to screen himself from legal punishment, hence Section 238 of B.N.S. was added in the case against the present applicant. 7. Considering the facts and circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that in due course of further investigation the accused Ankit Dubey was taken into custody 5 recorded memorandum statement, in which he has revealed that the applicant - Akash Joshi, who presently looked after the entire work of the BJP IT cell and has provided photos and videos of anti BJP to circulate on social media in which he then writes and then creates reels through Javed and Aslam to make them viral, during the investigation it has also been found after analysis of mobile phone of Ankit Dubey, the mobile number of accused / applicant Akash Joshi whose mobile number 96915-61234, contained of anti-BJP content relating to land guideline rates, the Adani corrupt BJP and others were available in the said mobile, further considering the fact that WhatsApp and Telegram chats between the accused persons have been deleted, and all the content in the emails has also been deleted, the accused / applicant Akash Joshi deliberately destroyed the evidence by breaking his mobile OnePlus 13R to screen himself from legal punishment, hence Section 238 of B.N.S. was added in the case against the present applicant,considering all these factors, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this first bail application of applicant – Akash Joshi involved in Crime No. 0667/2025 registered at Police Station – Civil Lines, District – Raipur (C.G.) for the offence punishable under Sections 61(2), 196, 336(3), 336(4), 356(2), 353(2), 352, 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS), 2023 and 66(d) and under Section 67 of Information and Technology Act, 2000. (Section 238 of BNS was added subsequently while making application for remand), is rejected at this stage. 9. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 6 10. 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 Preeti