1 2026:CGHC:7095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1389 of 2026 • Ritesh Nirmalkar S/o Lt. Ishwar Aged About 39 Years At - House No. 7/327, Ward No. 11, Bachchan Chowk, Kundra Para, Gudhiyari Raipur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through P. S. Tikrapara, District : Raipur, Chhattisgarh ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Lukesh Kumar Mishra, Advocate. For State/Non-applicant : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.02.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.229/2025 registered at Police Station Tikarapara, District Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, a written complaint was lodged DEEPTI JHA Digitally signed by DEEPTI JHA 2 alleging that the applicant, along with other co-accused, cheated the complainant, and that a total sum of Rs. 21,97,673/- was found to have been deposited in 54 bank accounts. It is further alleged that the applicant and other accused are involved in online fraud. The Range Cyber Cell wrote a letter to Police Station Tikarapara for conducting an enquiry, and accordingly, an enquiry was conducted, pursuant to which the ofence was registered against the applicant and the other co- accused. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He further submits that the second bail application of the other co- accused persons, namely, Akhil Kumar Soni has already been granted bail by this Court vide order dated 12.01.2026 in MCRC No. 298/2026 and Arjun Soni has already been granted by this Court vide order dated 09.01.2026 in MCRC No. 203/2026. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant, particularly, the fact that applicant also invested in the said firm and charge-sheet has already been filed and the applicant is in jail since 21.05.2025 and conclusion of the trial is likely to take some time, I am 3 inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Ritesh Nirmalkar, involved in Crime No.229/2025 registered at Police Station Tikarapara, District Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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. 4 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Deepti Jha