1 2025:CGHC:58865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9924 of 2025 Goverdhan Lal Baghel S/o Premlal Baghel Aged About 27 Years R/o Village Rampur, P.S. Bilaigarh, District- Sarangarh Bilaigarh, C.G., At Present R/o Alfa Mobile, Pamgarh, P.S. Pamgarh, District : Janjgir-Champa, Chhattisgarh … Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Cyber Thana, Bilaspur, District : Bilaspur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Kashish Saluja, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.12.2025 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 Thana, Bilaspur, District- Bilaspur (C.G.) for the offences punishable under Sections 61(2), 317(5), 318(4), 323, 111(1)(4) of Bharatiya Nyaya Sanhita, 2023. 2. The first bail application of the applicant was rejected on merits by this Court vide order dated 25.07.2025 passed in MCRC No. 5536/2025. 3. As per the prosecution story, on the basis of instructions issued by the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.05 18:16:49 +0530 2 Police Headquarters for identifying mule bank accounts, the police of the Cyber Thana collected details from Utkarsh Small Finance Bank, Bilaspur. It was found that the said bank accounts had been used for collecting money related to online cricket betting, online gaming, online job scams, and insurance fraud. Transactions amounting to Rs.6,46,72,004/- were carried out during the period from 04.12.2023 to 13.05.2025. It is further alleged that the applicant had given his bank account to the accused, Ajay Kumar Khunte, for the purpose of collecting fraudulent money, for which the applicant received a commission of Rs.10,000/- 4. It has been argued by learned counsel for the applicant that the applicant is innocent and falsely implicated in this case. It is further submitted by the learned counsel for the applicant that this is the second bail application of the applicant. It is further submitted that the co-accused persons, namely, Karan Singh and Lata Tolani who are similarly situated with respect to the allegations and the nature of the offence, has been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 13305 of 2025 and 15042/2025, vide order dated 14.10.2025 and 12.11.2025, respectively and one of the co-accused person, namely, Ram Kumar Duseja has already been granted bail by this Court vide order dated 19.11.2025 passed in MCRC No. 8522/2025. The principle of parity in bail is a well-established legal position, whereby similarly placed accused persons should ordinarily be treated alike, unless there exists a material distinction justifying differential treatment. Learned counsel further submits that the applicant is willing to abide by any conditions imposed by this Court while granting bail, including furnishing personal bonds, sureties, or any other conditions deemed necessary to secure his attendance during the trial. As such, the applicant is entitled to the benefit of parity with the 3 co-accused and should be granted bail pending investigation/trial. He further submitted that the applicant has no previous criminal antecedents and he is in jail since 10.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 5. 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 persons have already been granted regular bail by the Hon’ble Supreme Court. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous criminal antecedents as well as the fact that the co-accused persons, namely, Karan Singh and Lata Tolani who are similarly situated with respect to the allegations and the nature of the offence, has been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 13305 of 2025 and 15042/2025, vide order dated 14.10.2025 and 12.11.2025, respectively, and one of the co-accused person, namely, Ram Kumar Duseja has already been granted bail by this Court vide order dated 19.11.2025 passed in MCRC No. 8522/2025, as such the principle of parity in bail cannot be overlooked, the applicants are similarly situated with respect to the allegations and the nature of the offense. No material distinction has been brought to notice which would justify differential treatment in the matter of bail. The applicant has also undertaken to comply with all conditions that this Court may deem fit to impose to ensure his attendance during trial. In 4 the said circumstance, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the second bail application of the applicant is allowed. Let applicant - Goverdhan Lal Baghel, involved in Crime No. 09/2025 registered at Police Station - Cyber Thana, Bilaspur, District- Bilaspur (C.G.) for the offences punishable under Sections 61(2), 317(5), 318(4), 323, 111(1)(4) of Bharatiya Nyaya Sanhita, 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 cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. 5 (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 are 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. 9. 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