Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:58608
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9739 of 2025 Nisha Sahu W/o Suresh Sahu Aged About 28 Years R/o Ghasidas Chowk, Chingrajpara, Sarkanda, Bilaspur, Tahsil And District - Bilaspur (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Cyber Ranger, Bilaspur, District-Bilaspur (C.G.)
... Respondent(s) For Applicant(s) : Mr. Amit Singh Chauhan, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 03/12/2025
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. 09/2025 registered at Police Station Cyber Ranger, Bilaspur, District-Bilaspur (C.G.) for the offence punishable under Sections AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 61(2), 317(5), 318(4), 323, 111(1)(4) of BNS.
2. Case of the prosecution, in brief, is that the Cyber Police Station, Bilaspur, investigating mule accounts via the Government of India’s JMIS Portal, found 21 accounts in Utkarsh Small Finance Bank used for fraudulent transactions totaling Rs. 6.46 crore between December 2023 and May 2025. The accused, Nisha Sahu, admitted to opening accounts at the behest of co-accused Santosh Yadav and Rajkumar Duseja for online cricket betting, Ludo games, job, and insurance scams, earning a commission of Rs. 10,000/-. The investigation alleges a criminal conspiracy among the accused to commit cyber fraud, leading to the filing of a charge-sheet and arrest of the accused, prompting 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 01.08.2025 in MCRC No.6029/2025, therefore this second bail application is filed on the ground that one co-accused, namely, Karan Singh has been granted regular bail by the Hon’ble Supreme Court vide order dated 14.10.2025 in Criminal Appeal No.4487/2025 and one co-accused, namely, Santosh Yadav has been granted regular bail by this Court vide order dated 19.11.2025 in MCRC No.9032/2025, further charge-sheet has already been filed in the present case and the applicant is in jail since 10.06.2025, hence, he prays for releasing the applicant on
3 regular bail on the ground of party. 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. He further submits that the accused’s bank accounts had unusual transactions indicating involvement in organized cybercrime. The applicant, along with co-accused, allegedly ran online betting, gaming, job, and insurance scams, causing a loss of Rs. 6,46,72,004/-. He also submits that the bail applications of six co-accused have already been rejected by this Court, and therefore, the bail application of present applicant is also liable to be rejected. 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 01.08.2025 in MCRC No. 6029/2025 on the ground that the applican was involved in organized cybercrime, using bank accounts for online betting and gaming frauds, causing a loss of Rs. 6,46,72,004/- and she admitted opening accounts at the behest of co-accused for a commission of Rs. 10,000/-, entering into a criminal conspiracy and bail of six co-accused has already been rejected, but considering the fact that one co-accused, namely, Karan Singh has been granted regular bail by the Hon’ble Supreme
4 Court vide order dated 14.10.2025 in Criminal Appeal No.4487/2025 and one co-accused, namely, Santosh Yadav has been granted regular bail by this Court vide order dated 19.11.2025 in MCRC No.9032/2025, further the applicant has no criminal antecedent 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.
7. Accordingly, the application is allowed. 8. Let the Applicant-Nisha Sahu, involved in Crime No. 09/2025 registered at Police Station Cyber Ranger, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323, 111(1)(4) of BNS, be released on bail on her 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed
5 against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her 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