1 2025:CGHC:56462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9032 of 2025 Santosh Yadav S/o Birbal Yadav Aged About 37 Years R/o Near Aatmanand School, Chingrajpara, Sarkanda, Police Station - Sarkanda, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Cyber Range, Bilaspur, District - Bilaspur (C.G.) ... Respondent For Applicant : Shri Amit Singh Chauhan, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.09/2025 registered at Police Station Cyber Range, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317 (5), 318 (4), 323, 111 (1) (4) of BNS 2023. 2. Case of the prosecution, in brief, is that pursuant to the directions of the Police Headquarters to investigate mule accounts, the Cyber Police GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.20 18:26:42 +0530 2 Station, Bilaspur, through the Police JMIS Portal operated by the Central Government, received information regarding certain accounts in 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 to the tune of 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 has been 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 submitted that the co-accused Karan Singh whose bail was rejected by this court has preferred an SLP (Crl.) No.13305/2025 and on 14/10/2025 he has been allowed bail on the period of incarceration. He would submit that the applicant is in jail since 16/05/2025, charge sheet has been filed in this case and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal 3 antecedents. He would submit that in compliance of the court’s order dated 11/11/2025 the concerned Investigating Officer has filed his personal affidavit wherein specific allegation has been levelled against the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further the fact that co-accused Karan Singh whose bail was rejected by this court have preferred an SLP (Crl.) No.13305/2025 and on 14/10/2025 he has been allowed bail on the period of incarceration, considering the period of detention of the applicant since 16/05/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, without further commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Santosh Yadav, involved in Crime No.09/2025 registered at Police Station Cyber Range, Bilaspur District Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317 (5), 318 (4), 323, 111 (1) (4) 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 4 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri