1 2025:CGHC:61527 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9571 of 2025 Yogesh Tolani @ Chintu Son Of Dhanraj Tolani Aged About 35 Years Resident Of Sangam Nagar, Main Raod, Takhatpur, P.S. Takhatpur, District Bilaspur Chhattisgarh --- Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Cyber Range, Bilaspur, District Bilaspur (C.G.) --- Respondent(s) For Applicant(s) : Mr. Banhiman Roy, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate MCRC No. 10370 of 2025 Niraj Kashyap @ Neelu Kashyap S/o Sanjay Kashyap Aged About 24 Years R/o Behind D P Collage, Diprapara, Near Panchmukhi Hanuman Mandir, P.S. City Kotwali, Dist. Bilaspur C.G. ---Applicant(s) Versus State Of Chhattisgarh Through Station House OfÏcer (S.H.O.) P.S. Cyber Range Police Station Dist.- Bilaspur C.G. --- Respondent(s) For Applicant(s) : Mr. Raj Kumar Gupta, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.19 10:51:02 +0530 2 MCRC No. 10017 of 2025 Rohit Lalwani S/o Late Narayan Santani Aged About 28 Years R/o Mahamaya Chowk, Takhatpur, Police Station - Takhatpur (Wrongly Mentioned As Takhutpur), District : Bilaspur, Chhattisgarh ---Applicant(s) Versus State Of Chhattisgarh Through Station House OfÏcer Police Station Cyber Cell, District : Bilaspur, Chhattisgarh --- Respondent(s) For Applicant(s) : Mr. Amit Singh Chauhan, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate MCRC No. 9603 of 2025 Sandeep Shrivas S/o Rajkumar Shrivas Aged About 30 Years R/o Near R.K. Residency, Tifra, P.S. Sirgitti, Distt. Bilaspur. C.G. ---Applicant(s) Versus State Of Chhattisgarh Through Sho. P.S. Cyber Range -Bilaspur, Distt. - Bilaspur. C.G. --- Respondent(s) For Applicant(s) : Mr. Devarshi Thakur, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.12.2025 1. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 9/2025 registered at Police Station – Cyber Range, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 3 323, 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 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 applicants have 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 applicants submits that the present applicants are innocent person and have been falsely implicated in the present case. The applicants have neither received any amount in their respective bank accounts nor derived any benefit from the alleged transactions, and none of them is the account holder of the alleged unknown bank account. No subject amount has been transferred to the accounts of the applicants, yet they have been falsely implicated merely on the basis of suspicion, without any direct or cogent evidence. The arrests of the applicants were effected without sufÏcient reason, without proper investigation or enquiry, and without collecting any material 4 establishing their involvement in the alleged offence. The applicants have neither committed the alleged offences nor acted in the manner attributed to them by the prosecution, and the complaint is based on false, fabricated, and baseless allegations. The prosecution story is concocted and unsupported by any documentary or oral evidence linking the applicants to the crime. The investigation has already been completed, the charge-sheet has been filed, and the matter is now pending trial before the learned J.M.F.C., which is likely to take considerable time to conclude. 4. Learned counsel of the applicants further submits that the bank account in question was opened in the applicants name by unknown persons who misled them 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 applicants 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 different individuals, who are completely unknown to the applicants. They later submit 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. Furthermore, co-accused, Deepak Tiwari, Nisha Sahu, Ram Kumar Duseja and Santosh Yadav have already been granted bail by this Court in MCRC No. 9628/2025, 9739/2025, 8522/2025, 9032/2025 vide order dated 27.11.2025, 03.12.2025, 19.11.2025, 19.11.2025 respectively. He submits that the case of the present applicants is identical to the case of the aforesaid co-accused persons, the applicant- Yogesh Tolani @ Chintu is in jail since 30.08.2025, 5 applicant- Niraj kahsyap @ Neelu Kashyap is in jail since 08.09.2025, applicant- Sandeep Shrivas is in jail since 16.05.2025, applicant- Rohit Lalwani is in jail since 30.08.2025, and continued incarceration would cause serious and irreparable prejudice to their livelihood, career, and future, despite the absence of any prima facie case against them. Therefore, they pray for grant of regular bail to the applicants on the ground of parity. 5. On the other hand, the learned counsel appearing for the Central Bureau of Investigation has opposed the bail applications of the applicants. 6. I have heard learned counsel for the parties and perused the case diary. 7. 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 furthermore, four other co-accused have already been granted bail by this Court and the applicant- Yogesh Tolani @ Chintu is in jail since 30.08.2025, applicant- Niraj kahsyap @ Neelu Kashyap is in jail since 08.09.2025, applicant- Sandeep Shrivas is in jail since 16.05.2025, applicant- Rohit Lalwani is in jail since 30.08.2025, the case of the present applicants are 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 applicants are entitled to be released on bail on the ground of parity. 8. Let the bail applications of the Applicants – Yogesh Tolani @ Chintu, Niraj kashyap @ Neelu Kashyap, Sandeep Shrivas and Rohit Lalwani, involved in Crime No. 9/2025 registered at Police Station – 6 Cyber Range, Bilaspur, District- 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 (each) in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or 7 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 them in accordance with law. 9. 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