1 2025:CGHC:61329 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9394 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- Gaurela- Pendra-Marwahi (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station Pendra, District- Gaurela- Pendra-Marwahi (C.G.) ... Respondent For Applicant : Ms. Raveena Tandan & Shri Satyendra Mahadewa, Advocates. For Respondent/State : Ms. Soumya Sharma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/12/2025 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.57/2025 registered at Police Station Pendra, District-GPM (C.G) for the offence punishable under Sections 317(2), 317(4), 314, 61(2)(a), 112 of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.17 18:21:22 +0530 2 2. Case of the prosecution, in brief, is that the complainant Assistant Sub Inspector Manoj Kumar Hanotiya (Cyber cell Gaurella- Pendra Marwahi) made written complaint at police station Gaurella that the information received from the informant coordinate centre (14C) that some bank account of different bank of our area are found to be involve in cyber fraud cases and Rs 3,99,241 was found on the basis of which the bank account of 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. During the course of investigation and memorandum statement of accused person the passbook and cheque book of present applicant was seized and it was found that the present applicant along with co-accused Ashish Shukla had engaged their account for getting commission in transfer of money which was transferred in the account of accused person after commission of online fraud. It was alleged that the present applicant deliberately and intentionally engaged his bank account regarding illegal transfer of money for getting the commission therefore the offences as mentioned above has been registered and arrested the accused persons. Hence the present bail application. 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 vide order dated 30/06/2025 vide MCRC No. 4127 of 2025. She would submit that similarly situated co-accused namely Priyanshu Sahu has been granted bail by this Court vide order dated 30.10.2025 in M.Cr.C. No. 7601/2025, also co-accused persons namely Santosh Kumar Sahu & Karan Sahu have been granted bail by 3 this Court vide order dated 09.05.2025 & 27.05.2025 passed in M.Cr.C. no. 2342 of 2025 & M.Cr.C. no. 4079 of 2025 respectively. She would further submit that co-accused Abhishek Shukla whose bail was rejected by this Court on 12/06/2025 vide MCRC No.4309/2025 has preferred SLP (Crl.) No.17585/2025 before the Apex Court and he has been granted bail by the Apex Court on 03/12/2025. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 02/03/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel do not dispute the fact that similarly situated co-accused namely Priyanshu Sahu has been granted bail by this Court vide order dated 30.10.2025 in M.Cr.C. No. 7601/2025, also co-accused persons namely Santosh Kumar Sahu & Karan Sahu have been granted bail by this Court vide order dated 09.05.2025 & 27.05.2025 passed in M.Cr.C. no. 2342 of 2025 & M.Cr.C. no. 4079 of 2025 respectively, also co-accused Abhishek Shukla whose bail was rejected by this Court on 12/06/2025 vide MCRC No.4309/2025 has preferred SLP (Crl.) No.17585/2025 before the Apex Court and he has been granted bail by the Apex Court on 03/12/2025. 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 vide order dated 30/06/2025 vide MCRC No. 4127 of 2025. Considering the fact that similarly situated co-accused 4 namely Priyanshu Sahu has been granted bail by this Court vide order dated 30.10.2025 in M.Cr.C. No. 7601/2025, also co-accused persons namely Santosh Kumar Sahu & Karan Sahu have been granted bail by this Court vide order dated 09.05.2025 & 27.05.2025 passed in M.Cr.C. no. 2342 of 2025 & M.Cr.C. no. 4079 of 2025 respectively, further considering the fact that co-accused Abhishek Shukla whose bail was rejected by this Court on 12/06/2025 vide MCRC No.4309/2025 has preferred SLP (Crl.) No.17585/2025 before the Apex Court and he has been granted bail by the Apex Court on 03/12/2025, as such, this Court is of the view that the applicant is also 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.57/2025 registered at Police Station Pendra, District-GPM (C.G) for the offence punishable under Sections 317(2), 317(4), 314, 61(2)(a), 112 of BNS, 2023, 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 5 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