1 (MCRC No. 4079 of 2025) 2025:CGHC:22396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4079 of 2025 1 - Karan Sahu S/o Late Ramkumar Sahu Aged About 45 Years R/o Village-Pendra, Kotwali, Mohla, Police Station - Pendra, Distt. Gourela- Pendra-Marwahi (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through- Distt. Gourela-Pendra-Marwahi (C.G.) --- Non-applicant(s) (Cause title taken from the Case Information System) For Applicant : Mr. Yogendra Chaturvedi, Advocate For Non-applicant/State : Ms. Upasana Mehta, Dy. GA Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.05.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 57 of 2025 registered at Police Station : Pendra, District – Gourela-Pendra-Marwahi (C.G.) for the offence punishable ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.05.28 12:36:00 +0530 2 (MCRC No. 4079 of 2025) under Sections 314, 317(2), 317(4), 61(1)(2) & 112 of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story in brief is that based on information from the Directorate Coordination Portal, it is alleged that online fraud was committed by mule account holders, resulting in an illegal gain of Rs.3,99,241/- through bank accounts opened with the Bank of Maharashtra, Bank of India, Amazon Pay India Pvt. Ltd., IDBI Bank, HDFC Bank, ICICI Bank, Axis Bank, and Bank of Baroda. It is further alleged that six bank accounts were opened in the name of Karan Sahu across different banks, and two accounts were given to co-accused Priyanshu Sahu for a 20% profit. The applicant, Karan Sahu, allegedly opened six bank accounts in his name, linked to online fraud complaint of Rs. 50,000/- through the bank accounts of the applicant at ICICI Bank bearing account No.784805500084 and a case has been registered at Yelahanka Police Station, District Bangalore, Karnataka. During the investigation, it was found that total 07 complaints in several states against the account number belonging to the present applicant has been registered and a criminal case is also registered against him in the Cyber Police Station Hyderbad City. Consequently, offences under Sections 314, 317(2), 317(4), 61(1)(2) and 112 of the BNS were registered. 3 (MCRC No. 4079 of 2025) 3. It has been argued by learned counsel for the applicant that the similarly placed other co-accused namely, Santosh Kumar Sahu has already been granted bail by this Court vide order dated 09.05.2025 passed in MCRC No. 2342/2025. Therefore, on the ground of parity, the applicant herein may also be granted bail. It is further submitted that the applicant is innocent and has been falsely implicated in the present case. He further submits that the documents related to the present applicant were used for committing online fraud without his consent and knowledge. That, the applicant is in jail since 02.03.2025 and the conclusion of trial will take some time, therefore, he prays that the applicant be enlarged on bail. 4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this matter and there is already one criminal antecedent against the applicant, as such, he does not deserve to be released on bail at this juncture. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence and also considering the fact that the similarly placed other co-accused namely, Santosh Kumar Sahu has already been granted bail by this Court vide order dated 09.05.2025 passed in MCRC No. 2342/2025 and the present 4 (MCRC No. 4079 of 2025) applicant is in jail since 02.03.2025 and the trial is likely to take sometime for its conclusion, I am of the opinion that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. 7. Let applicant, Karan Sahu involved in Crime No. 57 of 2025 registered at Police Station : Pendra, District – Gourela-Pendra- Marwahi (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(1)(2) & 112 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on him furnishing a personal bond with two sureties, in the like amount 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 the Bhartiya Nyaya Samhita. (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 5 (MCRC No. 4079 of 2025) initiate proceedings against him, in accordance with law, under Section 209 of the Bhartiya Nyaya Samhita. (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 concerned trial Court forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice @d!t!