1 2025:CGHC:57293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9561 of 2025 Ashish Rajak S/o Lt. Shri Sharad Kumar Rajak, Aged About 25 Years R/o Village- Jyotipur, Police Station Gaurela, Tahsil Pendra, District Gurela- Pendra- Marwahi (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Pendra, District Gurela- Pendra- Marwahi (C.G.) ... Respondent For Applicant : Shri Lalit Jangde, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/11/2025 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.46/2025 registered at Police Station Gaurela, District-GPM (C.G) for the offence punishable under Sections 314, 317(2), 317(4), 61(2) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.26 16:55:15 +0530 2 (a), 112 of BNS, 2023 and 66(D) of I.T. Act (as per framing of charge). 2. Case of the prosecution, in brief, is that the complainant Manoj Kumar Hanotiya (A.S.I.) made a written complaint at Police Station Gourela that he got an information from the informant coordinate centre (14C) that some bank accounts of different banks of his area are found to be involved in cyber fraud cases and Rs. 50,900/- was found to be received on those accounts, on the basis of which, the bank account of the present applicant was searched and it was found that the present applicant was involved in commission of online fraud registered at different States i.e. Rajasthan, Karnataka & Maharashtra. Accordingly, the pass-book and cheque book of the present applicant was seized and it is found that present applicant along-with one co-accused have engaged their accounts for getting commission in transfer of money. Accordingly, the offence under the aforesaid sections have been registered against the applicant. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on merits vide order dated 20/05/2025 in MCRC No.2634/2025. He would submit that co-accused Abhishek Shukla whose bail was rejected by this court on 30th June 2025 has preferred an SLP (Crl.) No.15925/2025 and he has been granted bail by the Apex Court by the order dated 19th November, 2025 and the applicant is also entitled for grant of bail on the ground of parity. It is stated that he is in jail since 2/03/2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on merits vide order dated 20/05/2025 in MCRC No.2634/2025. Considering the fact that co-accused Abhishek Shukla whose bail was rejected by this court on 30th June 2025 has preferred an SLP (Crl.) No.15925/2025 and he has been granted bail by the Apex Court by the order dated 19th November, 2025, applicant is in jail since 2/03/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the second bail application is allowed and it is directed that the Applicant- Ashish Rajak, involved in Crime No.46/2025 registered at Police Station Gaurela, District-GPM (C.G) for the offence punishable under Sections 314, 317(2), 317(4), 61(2)(a), 112 of BNS, 2023 and 66(D) of I.T. Act, 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. 4 (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 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 fixed 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 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 him 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. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri