Durgesh Kumar Soni vs State Of Chhattisgarh

2026:CGHC:7906 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 832 of 2026

Durgesh Kumar Soni S/o Radheshyam Soni Aged About 25 Years R/o

VAIBHAV Gurughasidas Nagar, Bhilai P.S. Jamul District- Durg Chhattisgarh SINGH

--- Applicant Digitally signed by VAIBHAV SINGH Date: 2026.02.13 12:59:20 +0530

versus State Of Chhattisgarh Through Police Station Farasgaon District- Kondagaon (C.G.) --- Non-applicant

MCRC No. 837 of 2026

Durgesh Kumar Soni S/o Radheshyam Soni Aged About 25 Years R/o Gurughasidas Nagar, Bhilai P.S. Jamul District- Durg Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Farasgaon, District Kondagaon C.G. --- Non-applicant

MCRC No. 843 of 2026

Durgesh Kumar Soni S/o Radheshyam Soni Aged About 25 Years R/o Gurughasidas Nagar, Bhilai P.S. Jamul District- Durg Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Farasgaon, District - Kondagaon (C.G.) --- Non-applicant 2

MCRC No. 983 of 2026

Durgesh Kumar Soni S/o Radheshyam Soni Aged About 25 Years R/o Gurughasidas Nagar, Bhilai P.S. Jamul District- Durg Chhattisgarh ---Applicant Versus

State Of Chhattisgarh Through Station House Officer, Police Station Farasgaon, District- Kondagaon (C.G.) --- Non-applicant

For Applicant : Mr. B.P. Sharma, Advocate. For Non-applicant/State : Mr. S. S. Baghel, Government Advocate.

Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board

12.02.2026

1. Since the above-mentioned four bail applications arise out of same

applicant, they are clubbed and heard together and are being

disposed of by this common order.

2. These are the first bail applications 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. 84/2025 (in MCRC No. 832/2026), Crime No. 46/2025

(in MCRC No. 983/2026), Crime No. 82/2025 (in MCRC No. 837/2026)

and Crime No. 83/2025 (in MCRC No. 843/2026) registered at Police

Station - Farasgaon, District - Kondagaon (C.G.) for the offence

punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of

Bharatiya Nyaya Sanhita.

3. Case of the prosecution in brief is that, the Indian Cyber Crime

Coordination Centre (I4C), operated under the Ministry of Home 3

Affairs, launched the "Coordination Portal" as a guiding platform for the

police to collect and record information relating to cyber crimes and to

investigate bank accounts used to intercept, transact, store and

disburse money obtained through cyber fraud. Acting on the

instructions received from the Superintendent of Police, Cyber Cell, an

investigation was conducted into Bank Account No. 327702000000241

of Indian Overseas Bank held in the name of Bhavesh Taram, against

whom five different complaints were registered. Upon scrutiny of the

transactions, it was found that an amount of Rs.1,01,65,959/- had

been transacted through the said account, which prima facie appeared

to be connected with cyber fraud and indicated that the account was

used for receiving, storing and transferring the defrauded money.

Accordingly, a case was registered at Police Station Farasgaon,

District Kondagaon, under Sections 317(2), 317(4), 317(5), 111 and

3(5) of the Bharatiya Nyaya Sanhita, 2023, and the investigation was

taken up.

4. The learned counsel for the applicant submits that the applicant is

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

committed no offence. He had no knowledge about any money being

deposited in his bank account and has not withdrawn any amount from

his personal account, nor has anything been seized from his

possession. The applicant has no role in the alleged offence and has

been made an accused merely on the basis of the memorandum

statement of co-accused Prabhakar Rai, which is not legally

admissible evidence to connect him with the crime. His name does not

find place in the FIR and all the alleged transactions were carried out

from the account of co-accused Bhavesh Taram. The applicant has not 4

actively participated in the alleged offence and has been implicated

only on the basis of suspicion. He has been in judicial custody since

30.06.2025 for about six months, is the sole bread earner of his family

and has no previous criminal antecedents. He is not involved in any

illegal money transaction through mule accounts and the allegation of

hatching conspiracy with co-accused persons is baseless. The

applicant undertakes to raise any other grounds at the time of

arguments and is ready to furnish adequate surety and abide by all

terms and conditions as may be imposed by the Hon'ble High Court.

5. On the other hand, learned State counsel appearing for the

respondent/State opposes the bail application and submits that the

charge-sheet has been filed and the applicant has four criminal

antecedents; therefore, he is not entitled to the grant of regular bail.

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

the document available on record.

7. Considering the facts and circumstances of the case, the nature and

gravity of the offence, the allegations levelled against the applicant,

and the fact that the co-accused, namely Chandan Kumar

Vishwakarma, has already been granted bail vide order dated

05.02.2026, and further that the applicant has four previous criminal

antecedents which have been explained in paragraph No. 4(a) of this

bail application, and that the charge-sheet has already been filed, this

Court is of the view that the applicant is entitled to be released on bail

in all above mentioned cases.

8. Accordingly, the bail application is allowed. Let the Applicant -

Durgesh Kumar Soni involved in Crime No. 84/2025 (in MCRC No. 5

832/2026), Crime No. 46/2025 (in MCRC No. 983/2026), Crime No.

82/2025 (in MCRC No. 837/2026) and Crime No. 83/2025 (in MCRC

No. 843/2026) registered at Police Station - Farasgaon, District -

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

317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita., be released

on bail on his 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.

6

(iv) The applicant shall remain present, in person, before

the 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.

9. 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

vaibhav