1 2025:CGHC:61527 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9456 of 2025 Abdul Adil S/o Abdul Jamal Aged About 21 Years R/o Khwaja Nagar, Talapara, Ward No. 25, Police Station- Civil Line, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Cyber Range, Bilaspur, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Shrwan Kumar Chandel, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.12.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 9/2025 registered at Police Station – Cyber Range, Bilaspur, (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323, 111(1)(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story in brief, pursuant to the directions of the Police Headquarters to investigate mule accounts, the Cyber Police Station, Bilaspur, through the Police JMIS Portal operated by the Central ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.19 10:51:02 +0530 2 Government, received information regarding certain bank accounts maintained with Utkarsh Small Finance Bank, Bilaspur. Upon investigation, it was found that multiple complaints had been lodged on the said portal regarding amounts deposited in 21 bank accounts, and transactions amounting to Rs. 6,46,72,004/- (Rupees Six Crore Forty-Six Lakh Seventy-Two Thousand and Four only) were traced through the said accounts during the period from 04.12.2023 to 13.05.2025. During the course of investigation, it was alleged that the present applicant had used the aforesaid bank account to misappropriate funds in connivance with other accused persons. Consequently, a First Information Report was registered against several persons 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. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the bank account in question was opened in the applicant’s name by unknown persons who misled him into providing documents on the pretext of opening a Jan Dhan account and later took away the passbook, cheque book, and ATM card, stating that the account had been rejected. He further submits that the FIR mentions the applicant’s name solely on the basis of the said account number; however, the charge-sheet itself reveals that the mobile number linked to the said account belongs to another individual, namely Dhara Singh, resident of Ujjain (M.P.), who is completely unknown to the applicant. He also submits that the no incriminating article has been seized from the applicant, no specific allegation has been levelled against him, and his name does not figure in the statements of any co-accused or prosecution 3 witnesses. He submits that the co-accused persons, namely, Karan Singh and Lata Tolani have been granted bail by the Hon’ble Supreme Court in SLP (crl) Nos. 13305/2025 and 15042/2025, vide orders dated 14.10.2025 and 12.11.2025. He submits that the case of the present applicant is identical to the case of the aforesaid co-accused persons, the applicant is in jail since 16.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, the learned counsel appearing for the Central Bureau of Investigation has opposed the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, as the the co-accused persons, namely, Karan Singh and Lata Tolani have been granted bail by the Hon’ble Supreme Court in SLP (crl) Nos. 13305/2025 and 15042/2025, vide orders dated 14.10.2025 and 12.11.2025, and the present applicant has been languishing in jail since 16.05.2025, the case of the present applicant is identical to the case of the co-accused persons. Moreover, the charge-sheet has already been filed before the competent Court in the present case, conclusion of the trial is likely to take some time, this Court is of the opinion that the applicant is entitled to be released on bail on the ground of parity. 7. Let the first bail of the Applicant – Abdul Adil, involved in Crime No. 9/2025 registered at Police Station – Cyber Range, Bilaspur, (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323, 111(1) (4) of the Bhartiya 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:- 4 (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 sufÏcient 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 sufÏcient 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. OfÏce 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 Abhishek