Citation : 2026 Latest Caselaw 1624 Chatt
Judgement Date : 13 April, 2026
1
2026:CGHC:16896
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3334 of 2026
P. Jay Urf Sonu S/o P. Jogarao Aged About 31 Years R/o Steel Nagar, Ward
No. 29, Near Ram Mandir, Camp 01, Police Station, Vaishali Nagar, Bhilai,
District- Durg (C.G.)
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station - Vaishali
Nagar, District - Durg (C.G.)
... Non-applicant
For Applicant : Mr. Ankush Soni, Advocates.
For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board
13.04.2026
1.
This is the Second 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. 86/2025 registered at Digitally RAJSHEKHAR signed by SONI RAJSHEKHAR SONI Police Station - Vaishali Nagar, District - Durg (C.G.) for the offence
punishable under Sections 318(4), 61(2)(a) and 3(5) of the BNS.
2. Earlier the first bail application of the applicant was rejected by this
Court vide order dated 10.09.2025 in MCRC No.6240/2025, on merits.
3. Case of the prosecution, in brief, is that one V. Mohan, who is the friend
of the present applicant, had opened an account in Canara Bank,
Vaishali Nagar branch, bearing account No. 110125175655, upon the
present applicant telling him that he would get Rs. 5000/- (Rupees Five
Thousand Only), from one Kunal Soni and one Kunal Pattnaik, if he
allowed them to operate his account. After the opening of the account,
V. Mohan gave the kit obtained from the bank to the present applicant,
who gave it in turn to the main accused persons Kunal Soni and Kunal
Pattnaik, and got Rs. 5000/-(Rupees Five Thousand Only), in return.
The present applicant neither had his account mentioned in the F.I.R.,
nor was he operating the account. The memorandum statement of V.
Mohan mentions that he introduced him to the main accused persons,
except that there is no role attributed to the present applicant, and
moreover, no discovery was made on the basis of the said
memorandum statement, hence it is inadmissible as such. An F.I.R.
was registered by the branch manager of Canara Bank on 19.04.2025,
stating that he had come to know that 111 accounts from his branch
had received money from fraudulent transactions and also no debit
memo was attached to them, and a charge-sheet was filed on
18.07.2025. Hence, this application.
4. Learned counsel appearing for the applicant submits that the applicant
is innocent and has been falsely implicated in the present case. It is
further submitted that only on the basis of the memorandum statement
of one V. Mohan whose account found to be mentioned in the FIR that
the applicant has been roped in, stating that it was he who introduced
V. Mohan to the main accused persons. However, there is no discovery
made in pursuance of that memorandum statement which makes it
inadmissible. It is submitted that the co-accused persons are granted
bail by this Court vide order dated 26.02.2026 and 26.02.2026 passed
in MCRC No.10058/2025 and 1106/2026. The applicant is in jail since
02.06.2025, and the conclusion of the trial shall take quite long time.
Therefore, he prays for grant of bail.
5. On the other hand, learned State counsel opposes the bail application
and submits that from the perusal of the case-diary it transpires that
the applicant is involved in a serious cyber crime offence, in the
present case total 13 accused person are involved and a total
transaction of Rs. 1,12,58,419.70/- has taken place from the account of
the applicant, the investigation revealed that the bank account of the
accused/applicant demonstrate suspicious transaction activity,
suggestive of his involvement in the organized cyber crime, and the
bail application of the co-accused has also been rejected by this Court
vide order dated 11.08.2025 passed in MCRC Nos. 6335/2025, and on
the same ground the first bail application of the applicant was rejected
by this Court. As such, the bail application deserves to be rejected.
6. I have heard learned counsel for the parties and perused the material
available on record.
7. Taking into consideration the facts and circumstances of the case, and
from the perusal of the case-diary it transpires that the applicant is
involved in a serious cyber crime offence, in the present case total 13
accused person are involved and a total transaction of Rs.
1,12,58,419.70/- has taken place from the account of the applicant, the
investigation revealed that the bank account of the accused/applicant
demonstrate suspicious transaction activity, suggestive of his
involvement in the organized cyber crime, and the bail application of
the co-accused has been rejected by this Court vide order dated
11.08.2025 passed in MCRC Nos. 6335/2025 and on the same ground
the first bail application of the applicant was rejected by this Court, and
though some co-accused persons are granted bail by this Court vide
order dated 26.02.2026 and 26.02.2026 passed in MCRC
No.10058/2025 and 1106/2026, but out of them only a meagre amount
Rs. 2,000/- was said to be deposited in the account of one namely
Suraj Kumar, and so far as co-accused Nitish Kumar @ D.N. is
concerned, no such amount was deposited in his account, and it is
apperant that the case of the applicant is distinguishable from the case
of the said co-accused persons, furthermore, looking to the gravity and
seriousness of the matter as it appears to be an organized cyber crime,
thus, this Court is of the opinion that it is not a fit case to enlarge the
applicant on regular bail.
8. Accordingly, this second bail application of applicant - P. Jay Urf
Sonu, involved in Crime No. 86/2025 registered at Police Station -
Vaishali Nagar, District - Durg (C.G.) for the offence punishable under
Sections 318(4), 61(2)(a) and 3(5) of the BNS, 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.
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
Rajshekhar
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