1 2025:CGHC:22163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3966 of 2025 1 - Rakesh Bhedpal S/o Ramnath Bhedpal Aged About 26 Years R/o Bhedpal Mohalla, Gram- Sendri, P.S. Koni, District Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Cyber Range - Bilaspur, District Bilaspur (C.G.) ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Sudhir Kumar Bajpayee, Advocate For Respondent-State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 1. This is the first 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. 08 of 2025 registered at Police Station – Cyber Range, District Bilaspur (C.G.) for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4) and 323 of the Bhartiya Nyaya Sanhita, 2023 against the present applicant. 2 2. Case of the prosecution, in brief, is that, on the basis of information received from the Samanavaya Portal operated by Government of India, different banks and Police Headquarters, it was found during investigation that the users and account holders of UCO Bank, ICICI Bank, Kotak Mahindra Bank, SBI, Bandhan Bank, Bank of Baroda, Indian Bank and various other banks through conspiracy stole money from the account holders without their consent by luring them. These mule accounts were used to harm the victims and take undue advantage of the defrauded money. Total 81 mule accounts have been duped and a total sum of Rs. 97,87,492/- was deposited fraudulently. The account holders knowingly committed fraud by handling their accounts and also helped in hiding and transferring the defrauded money. The applicant was arrested on 25.02.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has no criminal antecedents, as submitted in para-4(A) of the petition and he is in jail since 25.02.2025. He would further submit that the identically situated two co-accused, namely; Pratham Soni and Kunal Mandavi have already been granted regular bail by this Hon’ble Court vide order dated 08.05.2025 (Annexure-A/2) and the order dated 13.05.2025 (Annexure-A/3) passed in MCRC No.2118 of 2025 and in MCRC No.3744 of 2025 respectively, therefore, he prays for grant of regular bail to the present applicant on the ground of parity. 4. On the other hand, learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court, therefore, he is not entitled for grant of regular bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and considering the nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedents. Moreover, the fact that charge-sheet has been filed before the competent Court and he is in jail since 25.02.2025 and further considering that the conclusion of trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Rakesh Bhedpal, involved in Crime No. 08 of 2025 registered at Police Station – Cyber Range, District Bilaspur (C.G.) for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4) and 323 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local 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 4 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. (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. 8. 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 Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.05.21 10:46:44 +0530