1 2025:CGHC:54856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9022 of 2025 Mukhtar Khan S/o Rashid Khan Aged About 25 Years R/o Near Mahamaya Mandir Talapara Police Station -Civil Line, District- Bilaspur (C.G.) … Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Cyber Cell, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.11.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 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 Cell, Bilaspur, District- Bilaspur (C.G.) for the offences punishable under Sections 61, 317(5), 318(4), 111(3)(4) and 323 of Bharatiya Nyaya Sanhita, 2023. 2. The first bail application of the applicant was rejected on merits by this Court vide order dated 12.06.2025 passed in MCRC No. 4334/2025. 3. The case of the prosecution in brief is that the Police Headquarters sent a letter to Cyber Range Bilaspur, directing the investigation of accounts PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.11 18:38:12 +0530 2 related to various bank account holders, some of whom were allegedly cheated by the accused persons. It is alleged that the accused lured the victims through online games, share trading schemes, and online job offers, thereby collecting a total amount of Rs. 97,83,492/- across 82 different accounts. Accordingly, Police Station Cyber Cell, Bilaspur registered the offence under Crime No. 08/2025 under Sections 61, 317(5), 318(4), and 323 of the Bharatiya Nyaya Sanhita, 2023, and initiated the investigation. During the course of investigation, the police recorded 25 memorandum statements, and based on some of these statements, certain articles, including mobile phones, were seized from some of the accused persons. The present applicant, along with other co- accused persons, was arrested, articles were seized, and statements of prosecution witnesses were recorded. Upon completion of the investigation, a charge-sheet was filed before the learned Chief Judicial Magistrate, Bilaspur, District Bilaspur (C.G.), where Criminal Case No. 13405/2025 is pending trial. 4. It has been argued by learned counsel for the applicant that the applicant is innocent and falsely implicated in this case. It is further submitted by the learned counsel for the applicant that this is the second bail application of the applicant. It is further submitted that the co-accused, Shekhar Chaturthi and Yuvraj Singh Kashyap who are similarly situated with respect to the allegations and the nature of the offence, has been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 10726 of 2025 and 11402/2025, vide order dated 16.09.2025 and 09.10.2025, respectively. The principle of parity in bail is a well- established legal position, whereby similarly placed accused persons should ordinarily be treated alike, unless there exists a material distinction justifying differential treatment. Learned counsel further submits that the 3 applicant is willing to abide by any conditions imposed by this Court while granting bail, including furnishing personal bonds, sureties, or any other conditions deemed necessary to secure his attendance during the trial. As such, the applicant is entitled to the benefit of parity with the co-accused and should be granted bail pending investigation/trial. He further submitted that the applicant has no previous criminal antecedents and he is in jail since 25.02.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted regular bail by the Hon’ble Supreme 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, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedents as well as the fact that the co-accused, Shekhar Chaturthi and Yuvraj Singh Kashyap who are similarly situated with respect to the allegations and the nature of the offence, has been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 10726 of 2025 and 11402/2025, vide order dated 16.09.2025 and 09.10.2025, respectively, as such the principle of parity in bail cannot be overlooked, the applicants are similarly situated with respect to the allegations and the nature of the offense. No material distinction has been brought to notice which would justify differential treatment in the matter of bail. The applicant has also undertaken to comply with all conditions that this Court may deem fit to 4 impose to ensure his attendance during trial. In the said circumstance, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the second bail application of the applicant is allowed. Let applicant - Mukhtar Khan, involved in Crime No. 08/2025 registered at Police Station - Cyber Cell, Bilaspur, District- Bilaspur (C.G.) for the offences punishable under Sections 61, 317(5), 318(4), 111(3)(4) and 323 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 fixed in such proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of BNS. 5 (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 are 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 him in accordance with law. 9. 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