1 2025:CGHC:35466 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5735 of 2025 Upasna Jagat D/o Chakradhari Jagat, Aged About 26 Years R/o H. No. 573 Kh Santoshi Nagar, Tikrapara Behind Dixit Atta Chakki, Raipur, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer (S.H.O.) Cyber Range, Police Station Civil Lines Raipur, District - Raipur (C.G.) ... Non-Applicant For Applicant : Dr. Sudeep Agrawal, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.07 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 44/2025, registered at Police Station – Civil Lines Raipur, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, is that on 20.01.2025, a Sub-Inspector from Civil Line Police Station in Raipur registered a cybercrime case based on PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.24 11:47:18 +0530 2 a complaint received via the "Samanvay" portal, operated by the Indian Cyber Crime Coordination Centre. The complaint involved fraudulent transactions linked to 104 bank accounts in Utkarsh Small Finance Bank (IFSC: UTKS0001400), Raipur branch. These accounts, which began operating from January 1 to December 31, 2024, received illegal funds totalling Rs. 36,48,448/- suspected to be proceeds of cyber fraud, thereafter, the Police arrested the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is an unmarried girl who was previously working as an air-hostess but left the job due to some family issues, and further it is stated that the applicant had sold her bank account in which certain amounts related to the alleged offence were transacted. He also submits that an identically situated co-accused, namely, Preeti Sahu who is an unmarried girl, has already been granted bail by this Court vide order dated 12.06.2025 passed in MCRC No. 4289/2025, copy of the same has been annexed as Annexure A/2 of this bail application. He also submits that the charge-sheet has been filed in this case. The applicant is in jail since 23.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. He further submits that from the perusal of the record, it is evident that the applicant/accused and the co-accused are charged with fraudulently opening 104 bank accounts in Utkarsh Small Finance Bank, Civil Lines Branch, District Raipur, and issuing SIM numbers without the complainant’s knowledge, which were used to receive money through cyber fraud, therefore, the applicant is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is an unmarried girl who was previously working as an air-hostess but left the job due to some family issues, and further considering that the applicant had sold her bank account in which certain amounts related to the alleged offence were transacted, further the charge-sheet has been filed in this case and the applicant is in jail since 23.01.2025 and conclusion of the trial is likely to take some time, further an identically situated co-accused, namely, Preeti Sahu who is also an unmarried girl, has already been granted bail by this Court vide order dated 12.06.2025 passed in MCRC No. 4289/2025, a copy of the same has been annexed as Annexure A/2 of this bail application and the case of other co-accused persons, whose bail application were rejected by this Court is distinguished from the case of the present applicant, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Upasna Jagat, involved in Crime No. 44/2025, registered at Police Station – Civil Lines Raipur, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 4 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her 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 Preeti