1 2025:CGHC:37741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6006 of 2025 Shriya Yadav D/o Mukesh Yadav Aged About 25 Years R/o Dr. Rajendra Nagar Goverdhan Chowk District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer Civil Line Raipur District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.07.2025 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. 44/2025 registered at Police Station Civil Line, District Raipur (C.G.), for the offences punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the applicant and other co-accused opened 104 bank accounts in Utkarsh Small Finance Bank, Civil Lines Branch, District Raipur, bearing IFSC Code UTKS0001400, and fraudulently ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.01 14:40:06 +0530 2 used SIM numbers without the knowledge of the account holders to obtain money through cyber fraud. The applicant was apprehended, and her memorandum was recorded, in which she stated that a woman named Rajnandini convinced her to open a bank account in her name, which was opened with the help of one Himanshu Sharma. After the account was opened, the passbook and ATM card were kept in the custody of one Laxmi. Thereafter, the applicant received a sum of Rs. 1,000/- in her bank account, following which she was arrayed as an accused in the present case. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He submits that the applicant met a woman named Rajnandini, who convinced the applicant to open a bank account in the applicant's name, which was opened with the help of one Himanshu Sharma. After opening the account, the passbook and ATM card were kept in the custody of one Laxmi. Thereafter, the applicant received a sum of Rs. 1,000/- in her bank account, and subsequently, she was arrayed as an accused in the present case. The cybercrime unit, upon receiving information about the mule account, registered a complaint against the mule account holders. The aforementioned statement shows that the applicant is not the accused; she is also one of the victims in the present case. He further submits that other co-accused persons, namely Preeti Sahu and Bharti Bagh, have already been granted regular bail by this Court on the ground of being ladies by this Court on 12.06.2025, and 25.07.2025, in MCRC No. 4289/2025 and MCRC No. 5801/2025, respectively. He also submits that the present applicant has no criminal antecedents and she is in jail since 23.01.2025, therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case as the other co-accused persons, namely Preeti Sahu and Bharti Bagh, have already been granted regular bail by this Court on the ground of being ladies by this Court on 12.06.2025, and 25.07.2025, in MCRC No. 4289/2025 and MCRC No. 5801/2025, respectively, moreover the fact that the present applicant has no criminal antecedent and she is in jail since 23.01.2025, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. 7. Let the Applicant – Shriya Yadav, involved in Crime No. 44/2025 registered at Police Station Civil Line, District Raipur (C.G.), for the offences punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on her furnishing 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 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 4 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 Abhishek