Firoz Khan vs State Of Chhattisgarh
2026 Latest Caselaw 996 Chatt

Chattisgarh High Court

Firoz Khan vs State Of Chhattisgarh on 25 March, 2026

Author: Ramesh Sinha

Bench: Ramesh Sinha

                                                             1




                                                                                  2026:CGHC:14419
                                                                                            NAFR

                                   HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                 MCRC No. 2823 of 2026

                      Firoz Khan S/o Late Usmaan Khan Aged About 38 Years R/o Pushpanjali
                      Chowk, Patelpara Rampur, Police Station And Tehsil Kartala, District Korba
VAIBHAV               C.G.                                                               ... Applicant
SINGH
Digitally signed by
VAIBHAV SINGH
Date: 2026.03.27
12:17:03 +0530

                                                          versus


                      State of Chhattisgarh Through Station House Officer, Police Station
                      Pathalgaon, District Jashpur C.G.                           ... Non-Applicant


                      For Applicant                  : Mr. Sanjay Agrawal, Advocate
                      For Non-Applicant/State        : Mr. Soumya Rai, Deputy G.A.


                                        Hon'ble Mr. Ramesh Sinha, Chief Justice

                                                     Order on Board

                      25.03.2026


                      1.

This is the second bail application filed under Section 483 of the

Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to

the applicant who has been arrested in connection with Crime No.

71/2025 registered at Police Station - Pathalgaon, District Jashpur,

(C.G.), for the offence punishable under Sections 317(2), 317(4),

318(4), and 61(2)(A) of the Bhartiya Nyaya Sanhita, 2023.

2. The earlier bail application of the applicant has been rejected on merits

by this Hon'ble Court vide order dated 15.12.2025 passed in MCRC

No. 9038 of 2025.

3. The prosecution story in brief, is that a report was lodged by the Sub-

Inspector of Police Station Pathalgaon, District Jashpur, stating that on

the basis of information received from the portal bearing

Acknowledgment No. 324050005859 regarding a mule account,

scrutiny of Bank Account No. 10170772636 maintained at IDFC First

Bank, Branch Pathalgaon, revealed that an amount of Rs.3,00,000/-

had been illegally credited on 31.12.2024 as a result of fraud. On the

basis of the said report, FIR No. 71/2025 was registered on 06.04.2025

at Police Station Pathalgaon, District Jashpur, Chhattisgarh. During the

course of investigation, the memorandum statement of the applicant

was recorded, along with the statements of Pramod Kurrey, his wife,

and other witnesses in whose presence the memorandum was

recorded. After completion of the investigation, the police filed the

charge-sheet, and the case has been registered as Criminal Case No.

1776/2025, which is pending before the learned trial Court. Hence, this

bail application.

4. Learned counsel for the applicant submits that the applicant is an

innocent person and has been falsely implicated in the present case,

as the FIR lodged by the SI, Police Station Pathalgaon, does not

disclose the involvement of any specific person at the initial stage and

merely alleges illegal receipt of money from unknown persons through

online transactions. It is contended that during investigation only one

memorandum statement of the present applicant was recorded on

01.09.2025 and a mobile phone and an identity card were seized, but

no bank passbook was seized, no bank manager or clerk of IDFC First

Bank, Pathalgaon was examined, and no material has been collected

to show that the applicant ever operated the account or withdrew the

alleged amount. The entire case rests solely on memorandum

statements without any independent or corroborative evidence, there

are no eyewitnesses, and no proof of conspiracy with the co-accused

has been brought on record. It is further submitted that the FIR was

lodged belatedly in respect of an incident alleged to have occurred on

31.12.2024, that the applicant has been in custody since 01.09.2025,

the charge-sheet has already been filed and the case is pending as

Criminal Case No. 1776/2025 before the learned JMFC, and therefore

there is no likelihood of tampering with evidence. He also submits that

the applicant is a social worker having a good reputation in society, and

the earlier rejection of bail by the learned Additional Sessions Judge on

25.09.2025 was erroneous; hence, considering the lapses in

investigation and the facts and circumstances of the case, he prays for

grant of regular bail to the present applicant.

5. On the other hand, learned State counsel, on the basis of the personal

affidavit filed by the Investigating Officer pursuant to the directions of

this Hon'ble Court dated 12.11.2025, opposes the bail application and

submits that on receipt of information from the National Cyber Crime

Reporting Portal regarding a mule account bearing Acknowledgment

No. 32402250005859, scrutiny of Account No. 10170772636 of IDFC

Bank, Branch Pathalgaon, revealed that on 31.12.2024 a total amount

of Rs.3,00,000/- was fraudulently credited from multiple victims across

the country, leading to registration of Crime No. 71/2025 on 06.04.2025

under Sections 317(2), 317(4), 318(4) and 61(2)(A) of the BNS. It is

further submitted that during investigation, the account holder Yashoda

Kurre disclosed that her bank account and SIM were taken by the

present applicant, Firoz Khan, who impersonated himself as a Human

Rights Commission worker and journalist, and on his disclosure and

memorandum statement recorded in the presence of independent

witnesses, the applicant admitted his involvement along with co-

accused persons, pursuant to which one mobile phone and a Human

Rights Commission ID card were seized from his possession and he

was arrested and remanded to judicial custody. Learned State counsel

further submits that the memorandum statements of co-accused Gaus

Khan @ Baba Khan also implicate the present applicant in arranging

bank accounts for illegal transactions in connivance with other

associates, that other co-accused are absconding, investigation is still

continuing, and a charge-sheet has already been filed against the

present applicant with a supplementary challan to follow. It is also

pointed out that multiple cyber fraud complaints stand verified against

the said account and that the applicant has a previous criminal

antecedent under Sections 420, 120-B and 34 IPC, and therefore,

considering the seriousness of the offence, the active role of the

applicant, the involvement of absconding accused and his criminal

antecedents, the applicant does not deserve the benefit of bail.

6. I have heard learned counsel appearing for the parties and perused the

case diary.

7. Considering the submissions advanced by learned counsel for the

parties and upon perusal of the case diary, it is noted that the present

application is the second bail application filed on behalf of the

applicant, the earlier one having been rejected on merits by this

Hon'ble Court vide order dated 15.12.2025 passed in MCRC No. 9038

of 2025. Further, upon consideration of the personal affidavit filed by

the Investigating Officer pursuant to the directions of this Court dated

12.11.2025, it prima facie emerges that the present applicant was

actively involved in the commission of the alleged cyber fraud. The

affidavit of the Investigating Officer reveals that the bank account in

question, duly verified through the National Cyber Crime Reporting

Portal, was being used as a mule account, wherein an amount of Rs.

3,00,000/- was fraudulently credited from multiple victims across the

country. During the course of investigation, the account holder has

categorically stated that her bank account as well as SIM card were

taken and operated by the present applicant under false pretences.

The memorandum statement of the applicant, recorded in the presence

of independent witnesses, coupled with the seizure of a mobile phone

and a Human Rights Commission identity card from his possession,

further substantiates his involvement, which is also corroborated by the

memorandum statements of the co-accused persons. It is also

pertinent to note that certain co-accused persons are still absconding

and the investigation is continuing, for which a supplementary charge-

sheet is yet to be filed. Moreover, the material available on record

reflects that the applicant has previous criminal antecedents involving

offences of cheating and criminal conspiracy. In view of the aforesaid

facts and circumstances, and in the absence of any new ground or

change in circumstances being brought forth in the present application,

coupled with the seriousness of the allegations, this Court is of the

considered opinion that the present second bail application filed by the

applicant does not deserve to be allowed and is, accordingly, liable to

be rejected.

8. Accordingly, the second bail application of the applicant - Firoz Khan,

involved in Crime No. 71/2025 registered at Police Station -

Pathalgaon, District Jashpur, (C.G.), for the offence punishable under

Sections 317(2), 317(4), 318(4), and 61(2)(A) of the Bhartiya Nyaya

Sanhita, 2023, is rejected.

9. Needless to say that the trial Court concerned is at liberty to proceed

and conclude the trial 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

Vaibhav