1 2025:CGHC:60449 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10238 of 2025 Dipanshu Sahu S/o Devi Prasad Sahu Aged About 19 Years R/o Kargiroad (Ward No. 10), Kota, Police Station - Kota, District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through The In-Charge, Cyber Police Station, Range Bilaspur, District- Bilaspur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. This is the Second Bail Application 6led under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 08/2025, registered at Police Station- Cyber Police, Range- Bilaspur District- Bilaspur, (C.G.) for the o:ence punishable under Sections 61, 317(5), 318(4), 111(3) (4) and 323 of Bhartiya Nyay Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 4094/2025 was rejected by this Court vide order dated 27.05.2025 on merits with liberty to proceed and conclude the trial expeditiously. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The case of the prosecution, in brief, is that the Police Headquarters forwarded a letter to the Cyber Range, Bilaspur directing investigation into several bank accounts suspected to be involved in large-scale cyber fraud. It was found that the accused persons had cheated various account holders by alluring them with promises of high returns through online games, share trading, and online jobs, and thereby collected an amount of ₹97,83,492/- through 82 di:erent bank accounts. Consequently, Police Station Cyber Cell, Bilaspur registered Crime No. 08/2025 for o:ences under Sections 61, 317(5), 318(4), and 323 of the Bharatiya Nyaya Sanhita, 2023, and initiated investigation. During investigation, the police recorded around 25 memorandum statements and, on the basis of these statements, seized certain articles, including mobile phones, from some of the accused persons. The present applicant, along with other co-accused, was arrested; relevant articles were seized; statements of prosecution witnesses were recorded; and upon completion of the investigation, a charge-sheet was 6led before the Learned Chief Judicial Magistrate, Bilaspur, where Criminal Case No. 13405/2025 is pending trial. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, as there is no material against him except the memorandum of co-accused, which is inadmissible in law and from which no seizure has been made at his instance. He further submits that several co-accused persons have already been granted bail, including by the Hon’ble Supreme Court, which enlarged co-accused Shekhar Chaturthi in SLP (Crl.) 3 No.10726/2025 vide order dated 16.09.2025 on the ground of incarceration and 6ling of charge-sheet, and similarly granted bail to co-accused Yuvraj Singh Kashyap in SLP (Crl.) No.11402/2025 vide order dated 09.10.2025, noting that eight other co-accused had already been granted bail and the appellant had undergone nearly seven months of custody. It is urged that numerous other co- accused have been granted bail by this Hon’ble Court on grounds such as nature of allegations, misuse of documents, detention period, and parity, and thus the present applicant, whose role is even lesser and from whom nothing has been seized, deserves bail on the same footing. It is further submitted that the charge-sheet has been 6led, no further custodial interrogation is required, the memorandum statement against him alleges only that he facilitated obtaining an account but even that account was neither seized nor linked to any transaction, and the applicant has no prior criminal antecedents. Therefore, on the ground of parity and absence of incriminating material, the applicant is entitled to be enlarged 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 6led 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. 4094/2025 was rejected by this 4 Court vide order dated 27.05.2025, further considering that the applicant is in jail since 25.02.2025 and thus undergone a substantial period of incarceration of nearly nine months, also taking into account that several co-accused persons have already been enlarged on bail by this Court as well as by the Hon’ble Supreme Court. Notably, the Hon’ble Supreme Court, in SLP (Crl.) No.10726/2025 vide order dated 16.09.2025, granted bail to co- accused Shekhar Chaturthi considering the period of incarceration and the fact that the charge-sheet had already been 6led; and similarly, in SLP (Crl.) No.11402/2025 vide order dated 09.10.2025, bail was granted to co-accused Yuvraj Singh Kashyap, taking into account that several other co-accused had already been granted bail. This Court further observes that the allegations against the present applicant stand on a less severe footing compared to those co-accused who have already been granted bail, and no further custodial interrogation of the applicant is required as the charge- sheet has been 6led. Considering the above facts, the principle of parity, the absence of any substantial evidence against the applicant, and the fact that the applicant has no criminal antecedents, this Court is of the view that the applicant is also entitled to the bene6t of bail. 8. Let the Applicant – Dipanshu Sahu, involved in Crime No. 08/2025, registered at Police Station- Cyber Police, Range- Bilaspur District- Bilaspur, (C.G.) for the o:ence punishable under Sections 61, 317(5), 318(4), 111(3)(4) and 323 of Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing personal bond 5 with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 6le an undertaking to the e:ect that he shall not seek any adjournment on the dates 6xed 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 6xed, either personally or through his counsel. In case of her absence, without suGcient 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 6xed 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 6xed 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 6 deliberate or without suGcient 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. OGce is directed to send a certi6ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan