KSHITIJ SINGH KHAIRWAR vs STATE OF CHHATTISGARH

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CGHC010306572026 2026:CGHC:38440
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.7421 of 2026
1 - Kshitij Singh Khairwar S/o Shri Omprakash Singh Khairwar Aged
About 21 Years Occupation- Student, Resident Of Haldibadi, P.S.-
Chirmiri, Tahsil Podi, District- M.C.B. (Manendragarh-Chirmiri-
Bharatpur), C.G.
Applicant (s)
versus
1 - State Of Chhattisgarh Through- Station House Officer, P.S.
Gandhinagar Ambikapur, District- Surguja, C.G.
Respondent(s)
MCRC No.7751 of 2026
1 - Anup Kumar Chaubey S/o Nagendra Nath Chaubey Aged About 30
Years R/o Village Ketat, P.S. Rehla, District- Palamu (Jharkhand)
Presently R/o Bauripara Kenabandh, P.S. Ambikapur, District- Surguja
(C.G.)
Applicant (s)
Versus
1 - State Of Chhattisgarh Through - Station House Officer, Police
Digitally
signed
by R
NIRALA
Station- Gandhinagar Ambikapur, District- Surguja (C.G.)
Respondent(s)

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MCRC No.7452 of 2026
1 - Shivam Painkra S/o Shri Rajendra Prasad Aged About 20 Years
Occupation - Student (K R Technical College), R/o Village Bandana,
Post - Cot, P.S. And Tahsil Sitapur District Surguja Chhattisgarh
Applicant (s)
Versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Gandhinagar Ambikapur, District Surguja Chhattisgarh
Respondent(s)

For Applicant (s) : Mr. Avinash K. Mishra and Mr. Shakti Raj Sinha,
Advocates
For Respondent(s) : Mr. Sangharsh Pandey, GA
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
31.08.2026
1. These are the first bail applications filed under Section 483 of
Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicants, who have been arrested in connection with
Crime No.649/2025, registered at Police Station Gandhinagar,
Ambikapur, District Surguja (C.G.) for the offence punishable
under Sections 318 (4), 317 (4), 111, 61 (2) of BNS.
2. The case of the prosecution, in brief, is that the complainant Sujit
Kumar Mandal Proprietor of Gandhinagar, "Kali Mai Choice
Center Sakalo, P.S Ambikapur District-Surguja" filed a written

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complaint before the S.H.O concerned on 16.11.2025 and
informed that on the relevant date on 01.11.2025 when he was
working in the Choice Center one Anish Giri fraudulently received
cash amount of Rs. 99,999/- through service of Choice Center, it
is further said that the said amount was transferred by committing
forgery, resultantly when complainant visited the IndusInd Bank
on 07.11.2025 when it was informed by the bank that because of
forged transaction the account of Choice Center has been
blocked. During investigation, the applicants were also found
involved in commission of the aforesaid offence. therefore the
police registered the FIR against the applicants and arrested the
applicants along with the co-accused, and thereafter filed the
charge sheet before the competent court.
3. Learned counsel for the applicants jointly submit that the
applicants are innocent and have been falsely implicated in crime
in question. It is further submitted that the applicants are the
students and the main accused Anish Giri who received the
amount in his account has already been granted regular bail by
this Court vide order dated 20.04.2026 in MCRC No.1387/2026
and the co-accused Varsha Singh @ Varsha Singh Porte has
also been granted regular bail by this Court vide order dated
20.04.2026 in MCRC No.2165/2026. It is further submitted that
the applicant Kshitij Singh Khairwar is having eye disease and
treatment of the same is already going on, the applicants are in
jail since 25.02.2026 & 08.05.2026, the applicants Kshitij Singh

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Khairwar and Shivam Painkra have no criminal antecedents,
whereas the applicant Anup Chaubey has 5 criminal antecedents
i.e. Crime Nos.132/2025, 280/2025, 91/2025, 130/2026 &
869/2025 and out of 5, in two criminal antecedents i.e. Crime
Nos.130/2026 & 869/2025, he has already been granted regular
bail by this Court vide order dated 15.07.2026 in MCRC
Nos.6304/2026 and 6331/2026, respectively, charge sheet has
already been filed and trial is likely to take quite long time for its
conclusion, therefore, they pray that the applicants be released
on regular bail.
4. On the other hand, learned State counsel opposes the bail
applications of the applicants and submits that the applicants
hatched a conspiracy and committed the offence through cyber
fraud and received the amount from the complainant’s bank
account fraudulently and the applicant Anup Chaubey has 5
criminal antecedents, as such they are habitual offender.
Therefore, the applicants are not entitled to be released on bail.
5. I have heard learned counsel for the parties and perused all the
documents available on record.
6. Taking into consideration the facts and circumstances of the
case, nature and gravity of the offence and further considering
that the applicants are alleged to have received the amount from
the bank account of the complainant fraudulently and prima facie
they appear to be involved in commission of the aforesaid

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offence and though the applicant Anup Chauby was granted bail
by this Court in two criminal antecedents i.e. Crime
Nos.130/2026 & 869/2025 vide order dated 15.07.2026 in MCRC
Nos.6304/2026 and 6331/2026, respectively, but there appears
to be 3 more criminal antecedents i.e. Crime Nos.132/2025,
280/2025, 91/2025, 130/2026 & 869/2025 against the applicant
Anup Chaubey, which are pending, as demonstrated by the
learned State counsel from the return filed by the Investigating
Officer and in connivance with the other applicants Kshitij Singh
Khairwar and Shivam Painkara the aforesaid offence has been
committed by all 3 applicants and though the applicants are the
students and though there are no criminal antecedents against
the applicants Kshitij Singh Khairwar and Shivam Painkara but
they both hatched a conspiracy along with the applicant Anup
Chaubey and committed the aforesaid offence, therefore, without
commenting anything on the merits of the case, I am not inclined
to allow these applications.
7. Accordingly, the bail applications of the applicants Kshitij Singh
Khairwar, Anup Kumar Chaubey and Shivam Painkara
involved in Crime No.649/2025, registered at Police Station
Gandhinagar, Ambikapur, District Surguja (C.G.) for the offence
punishable under Sections 318 (4), 317 (4), 111, 61 (2) of BNS,
are rejected . Sd/-
(Ramesh Sinha)
Chief Justice
Nirala