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2026:CGHC:14088 NAFR

KUNAL DEWANGAN

Digitally HIGH COURT OF CHHATTISGARH AT BILASPUR signed by KUNAL DEWANGAN

MCRC No. 1698 of 2026 Shivnand Chauhan S/o Lakshmi Prasad Chauhan Aged About 34 Years

R/o Tilaaiidaadar, P.S. Basna, District Mahasamund, Chhattisgarh.

... Applicant(s)

versus State Of Chhattisgarh Through Station House OfÏcer (S.H.O.) P.S. Civil

Line, District Raipur, Chhattisgarh.

... Non-applicant(s)

For Applicant : Mr. Devershi Thakur, Advocate For Non-applicant/State : Mr. Sourabh K. Pande, Dy. Adv. Gen.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

24.03.2026

1. The applicant has preferred this First Bail Application under Section

483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 290/2025, registered at Police Station : Civil Line, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 3(5), 111 of BNS and 42(3)(e) of

Telecommunications Act.

2. As per the prosecution case, during the period from 04.01.2024 to

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02.03.2025, within the jurisdiction of Cyber Police Station, Civil Lines, Raipur, the applicant/accused, along with other co-accused, acting in furtherance of a common intention and as members of an organized crime syndicate, fraudulently operated as many as 41 SIM cards to carry out cyber fraud and cheating, thereby dishonestly obtaining a total amount of ₹18,52,654/-. It is alleged that the accused persons not only committed the said acts of cheating but also concealed and utilized the proceeds of crime for their own benefit. On the basis of the said acts, Crime No. 290/2025 was registered by Police Station Civil Lines under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, and upon completion of investigation, charge-sheet has been filed

before the competent Court.

3. Learned counsel for the applicant submits that the case of the

present applicant is clearly distinguishable from that of the co- accused persons whose bail applications have been rejected by this Court, as in those cases the allegation pertained to use of fake SIM cards, whereas in the present case the applicant is alleged to have used the SIM belonging to his elder mother-in-law and there is no material to show that the same was procured fraudulently or used for any illegal purpose. it is further submitted that all the complaints received through the Samnvay Portal have been mechanically clubbed together and on that basis it has been alleged that a total amount of ₹18,52,654/- was transacted in 41 accounts, however, there is no specific or direct evidence connecting the applicant with the said transactions or accounts. it is also

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contended that the applicant has been in custody since 08.09.2025 and the conclusion of trial is likely to take considerable time, therefore, on the ground of absence of incriminating material and prolonged incarceration, the applicant deserves to be enlarged on

bail.

4. On the other hand, learned State counsel opposes the prayer for

grant of bail and submits that the applicant is actively involved in a well-organized cyber fraud racket wherein multiple complaints received through the Samnvay Portal have been clubbed together, revealing that an amount of ₹18,52,654/- has been fraudulently transacted through 41 bank accounts by using 41 SIM cards and even if the SIM is stated to be in the name of the applicant’s relative, the same has been misused by the applicant for commission of the offence. it is further submitted that considering the nature and gravity of the offence, the organized manner in which the crime has been committed and the material collected during

investigation, no case for grant of bail is made out.

5. In compliance of the order dated 19.02.2026 passed by this Court,

the concerned Investigating OfÏcer has filed his personal afÏdavit delineating the evidence collected during the course of investigation, wherein in paragraph No. 12