1 2025:CGHC:58590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9798 of 2025 Rakesh Sahu S/o Bhagwat Prasad Sahu Aged About 45 Years R/o Ward No. 26, Kushabhau Thakre Ward, Daldal Sivni, Mowa, District - Raipur C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Gudhiyari, District – Raipur, C.G ... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.12 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 17/2025, registered at Police Station – Gudhiyari, District – Raipur, (C.G.) for the offence punishable under Sections 318(4), 111 and 3(5) of Bharatiya Nyaya Sanhit, 2023. 2. As per the prosecution story, the complainant, Umakant Verma, lodged a report alleging that unknown persons fraudulently transferred Rs.50,00,000/- into various bank accounts through online transactions between 17.03.2024 and 27.09.2024. During the investigation, it was PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.04 11:32:27 +0530 2 found that the fraudulent amounts were deposited into accounts operated by students of Kalinga University. It is further alleged that the present applicant, in collusion with other co-accused persons, was part of a cyber-fraud racket executing fake online transactions to siphon off large sums of money. Based on these allegations, an FIR was registered for offences punishable under Sections 318(4), 111, and 3(5) of the BNS. After completing the investigation, the police filed a charge-sheet on 12.04.2025 against several accused persons, namely Muhammad Bashir Sulaiman, Abdulaziz Bena Rabiu, Aminu Garba, Sandeep Sahu, Amit Dewangan, Chandrashekar Sahu, Pankaj Kumar Mahant, Gopal Agrawal, and Prateek Jain. Thereafter, on 15.05.2025, the present applicant was arrested. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the co-accused person, namely, Gopal Agrawal has already been granted bail by this Court vide order dated 25.11.2025 passed in MCRC No. 9513/2025. He also submitted that the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 15.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused person has already been granted bail by this Court. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the 3 fact that the co-accused person, namely, Gopal Agrawal has already been granted bail by this Court vide order dated 25.11.2025 passed in MCRC No. 9513/2025, further the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 15.05.2025, and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. Let applicant - Rakesh Sahu, respectively involved in Crime No. 17/2025, registered at Police Station – Gudhiyari, District – Raipur, (C.G.) for the offence punishable under Section 318(4), 111 and 3(5) of Bharatiya Nyaya Sanhit, 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 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 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 4 the applicants 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 her 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti