1 2025:CGHC:38418 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6075 of 2025 Tulsi Tandi D/o Shri Devraj Tandi Aged About 25 Years R/o Behind Ravindra Bhavan Kalibadi, Nehru Nagar, District- Raipur C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station-Civil Lines, District Raipur C.G. ... Non-applicant For Applicant : Mr. Galib Dwivedi, Advocate For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/08/2025 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 Lines, District Raipur (C.G.) for the offence under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the information was received through the Cyber Crime Reporting Portal Coordination that 104 bank accounts had been opened in Utkarsh Small Finance Bank, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Civil Lines Branch, Raipur, IFSC Code UTKS0001400, which were being used for receiving amounts obtained through cyber fraud. Pursuant to instructions received from the Police Headquarters, a letter along with the details of the aforesaid incident was forwarded to Police Station Civil Lines, Raipur (C.G.). Accordingly, a First Information Report was registered against 104 bank account holders, including the present applicant, for the offences under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the B.N.S. Therafter, the present applicant was arrested by Police Station Civil Lines, District Raipur (C.G.) on 23.01.2025 for the alleged offences punishable under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the B.N.S. 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 also submits that the applicant is a poor unmarried girl and she has no criminal antecedents. He also submits that the present applicant herself became a victim of fraud. He further submits that in the present case, co-accused persons, namely, Preeti Sahu, Upasna Jagat and Bharti Bagh have already been granted bail by this Court vide order dated 12.06.2025, 23.07.2025 and 25.07.2025 passed in MCRC Nos. 4289/2025, 5735/2025 and 5801/2025 respectively. He also submits that the charge-sheet has been filed and 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 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 filed in the present case before the competent Court. He further submits that from the perusal of the record, it is evident that the applicant and the co-accused persons 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. He further submits that the bail application of the co-accused persons have been rejected by this Court in MCRC Nos. 3846/2025, 3996/2025 and 4011/2025 vide order dated 22.05.2025 and in MCRC Nos. 4843/2025, 4568/2025, 5004/2025 and 4057/2025 vide orders dated 25.06.2025, 17.06.2025, 30.06.2025 and 27.06.2025 respectively. Therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant is an unmarried girl 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 4 persons, namely, Preeti Sahu, Upasna Jagat and Bharti Bagh, who are also an unmarried girl, have already been granted bail by this Court vide order dated 12.06.2025, 23.07.2025 and 25.07.2025 passed in MCRC Nos. 4289/2025, 5735/2025 and 5801/2025 respectively, a copy of the same has been annexed 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. Let the Applicant – Tulsi Tandi, involved in Crime No. 44/2025 registered at Police Station- Civil Lines, District Raipur (C.G.) for the offence under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under 5 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 Rahul Dewangan