1 2025:CGHC:57811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9628 of 2025 Deepak Tiwari S/o Subhash Tiwari Aged About 30 Years R/o House No. C-29, Yadunandan Nagar, Tifra, Police Station - Sirgitti, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House O1cer, Police Station - Cyber Range, Bilaspur, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-Applicant/State : Mr. Jitnedra Shrivastava, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.11.2025 1. This is the Second Bail Application 8led under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 09/2025, registered at Police Station- Cyber Range, Bilaspur, District - Bilaspur, (C.G.) for the o:ence punishable under Sections 61(2), 317(5), 318(4), 323, and 111(1)(4) of the Bharatiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 6696/2025 was rejected by this Court vide order dated 17.09.2025 on merits with liberty to proceed and conclude the trial expeditiously. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. As per the prosecution story in brief, pursuant to the directions issued by the Police Headquarters for investigation into mule accounts, the Cyber Police Station, Bilaspur, through the Police JMIS Portal operated by the Central Government, received information regarding certain bank accounts in Utkarsh Small Finance Bank, Bilaspur. Upon inquiry, it was revealed that multiple complaints had been lodged on the said portal concerning amounts deposited in 21 such bank accounts, and transactions amounting to Rs. 6,46,72,004/- (Rupees Six Crore Forty-Six Lakh Seventy-Two Thousand and Four only) had been routed through these accounts during the period from 04.12.2023 to 13.05.2025. During the course of investigation, it was alleged that the co-accused had used the aforesaid bank accounts to misappropriate funds in connivance with other accused persons. Consequently, a First Information Report was registered against several persons including the present applicant at Cyber Police Station, Bilaspur, District Bilaspur, under Sections 61(2), 317(5), 318(4), 323, and 111(1)(4) of the Bharatiya Nyaya Sanhita, bearing Crime No. 9/2025, and the matter was taken up for investigation. Statements of witnesses were recorded and, upon completion of the investigation, a charge- sheet was 8led before the Court of the learned Chief Judicial Magistrate, Bilaspur, District Bilaspur (C.G.). Thereafter, the present applicant was arrested on 10.06.2025 in connection with the aforesaid crime and has been in judicial custody since then. 4. Learned counsel for the applicant submits that this is the second bail application, earlier bail application of the applicant being MCRC 3 No. 6696/2025 was rejected by this Court vide order dated 17.09.2025 on merits with liberty to proceed and conclude the trial expeditiously. He further submits that the applicant has been in jail since 26.07.2025 and has, therefore, undergone a substantial period of incarceration of nearly four months by the time this bail application is being considered. It is further submitted that the Hon’ble Supreme Court has granted regular bail to co-accused Karan Singh vide order dated 14.10.2025 in Criminal Appeal No. 4487/2025, and similarly, in Criminal Appeal No. 4835/2025, the Hon’ble Supreme Court has also granted regular bail to co-accused Lata Tolani. It is further submitted that this Hon’ble High Court has granted bail to co-accused Santosh Yadav in M.Cr.C. No. 9032/2025 by order dated 19.11.2025. Therefore, on the ground of parity with the co-accused who have already been enlarged on bail, the present applicant also deserves to be released on bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that charge-sheet has been 8led before the competent Court. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that this is the applicant’s second bail application and that the earlier application, MCRC No. 6696/2025 was rejected by this Court vide order dated 17.09.2025 with a direction to conclude the trial expeditiously, further considering that the applicant is in jail 4 since 26.07.2025 and has thus undergone a substantial period of incarceration of nearly four months, also taking into account that the Hon’ble Supreme Court has granted regular bail to co-accused Karan Singh vide order dated 14.10.2025 in Criminal Appeal No. 4487/2025, and has likewise granted regular bail to co-accused Lata Tolani in Criminal Appeal No. 4835/2025, also considering that this Court has also granted bail to co-accused Santosh Yadav in M.Cr.C. No. 9032/2025 by order dated 19.11.2025, hence this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail. 8. 8. Let the Applicant – Deepak Tiwari, involved in Crime No. 09/2025, registered at Police Station- Cyber Range, Bilaspur, District - Bilaspur, (C.G.) for the o:ence punishable under Sections 61(2), 317(5), 318(4), 323, and 111(1)(4) of the Bharatiya 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 8le an undertaking to the e:ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of her absence, without su1cient 5 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 appear before the Court on the date 8xed 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 8xed 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 su1cient 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. 9. O1ce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan