1 2025:CGHC:60055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10154 of 2025 Gautam Bharti S/o Shri Santu Bharti Aged About 21 Years R/o Satnami Para, Raipura, Ward No.- 68, Police Station- D.D. Nagar. District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station- Civil Lines, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Galib Dwivedi, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/12/2025 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. 44/2025 registered at Police Station Civil Lines District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(3), AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 317(5), 111, 3(5) of BNS. 2. Case of the prosecution, in brief, is that as per information from the Cyber Crime Reporting Portal revealed that 104 bank accounts were fraudulently opened in Utkarsh Small Finance Bank, Civil Lines, Raipur (IFSC: UTKS0001400) and were used for receiving cyber-fraud money. Based on directions from Police Headquarters, the details were forwarded to Civil Lines Police Station, where an FIR was registered against all 104 account holders, including the present applicant, for offences under Sections 317(2), 317(3), 317(5) and 111 of the BNS. The applicant was arrested on 23.01.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 15.10.2025 in MCRC No.7329 of 2025, therefore the applicant has preferred present second bail application on the ground that four of the identically situated co-accused persons, namely, Harmeet Singh @ Yashmit, Saurabh Pal, Tanishq Singh Bhatia and Shubham Singh Thakur have already been granted bail by the Hon’ble Supreme Court vide common order dated 19.11.2025 passed in Criminal Appeals arising out of SLP (Crl) Nos. 15006/2025, 12849/2025, 15613/2025 and 17452/2025, further charge-sheet has been filed in the present case and the applicant is in jail since 04.02.2025, hence, he prays for releasing the applicant on regular bail on the ground of parity. 3 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case, but could not dispute the fact that four of the co- accused persons, namely, Harmeet Singh @ Yashmit, Saurabh Pal, Tanishq Singh Bhatia and Shubham Singh Thakur have already been granted bail by the Hon’ble Supreme Court vide common order dated 19.11.2025 passed in Criminal Appeals arising out of SLP (Crl) Nos. 15006/2025, 12849/2025, 15613/2025 and 17452/2025. 5. I have heard learned counsel appearing 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 first bail application of the applicant was rejected by this Court vide order dated 15.10.2025 in MCRC No. 7329 of 2025 on the ground that the applicant’s involvement is actively found in operating bank accounts used for cyber fraud, and the offences alleged are serious in nature involving organized financial crime, but considering the fact that four of the co-accused persons, namely, Harmeet Singh @ Yashmit, Saurabh Pal, Tanishq Singh Bhatia and Shubham Singh Thakur have already been granted bail by the Hon’ble Supreme Court vide common order dated 19.11.2025 passed in Criminal Appeals arising out of SLP (Crl) Nos. 15006/2025, 12849/2025, 15613/2025 and 17452/2025 and the case of present applicant is 4 identical to that of the aforementioned co-accused persons and charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Gautam Bharti, involved in Crime No. 44/2025 registered at Police Station Civil Lines District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(3), 317(5) and 111 of BNS, 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 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil