1 2026:CGHC:10744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2068 of 2026 Bhavesh Taram S/o Gautam Singh Taram Aged About 22 Years R/o Plot Para Ward No. 03 Farasgaon, P.S. Farasgaon District Kondagaon (C.G.) ... Applicant versus State of Chhattisgarh Through- P.S. Farasgaon, District Kondagaon (C.G.) ... Non-applicant For Applicant : Mr. Praveen Kumar Tulsyan, Advocate. For Non-applicant/State. : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.03.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 46/2025 registered at Police Station Farasgaon, District – Kondagaon (C.G.), for the offences punishable under Sections 317(2), 317(4), 317(5), 3(5) and 111 of the Bhartiya Nyay Sanhita, 2023. 2. As per the FIR, it is alleged that the present applicant, along with the co- accused person, acting with common criminal intention, fraudulently opened and operated bank accounts in their names for the purpose of committing cyber fraud and for transferring and utilizing the amounts so ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.02 17:52:02 +0530 2 obtained for illegal activities. After investigation on the basis of these allegations, the police registered the FIR, arrested the applicant along with the co-accused, and thereafter filed the charge sheet before the competent court. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the case. He further submits that although the applicant has three criminal antecedents, he has already been enlarged on regular bail by the concerned trial Court. An additional afÏdavit has been annexed with the present bail application to support his contention. He further submits that the other co-accused persons, namely, Chandan Kumar Vishwakarma and Durgesh Kumar Soni, have already been enlarged on bail by this Court in MCRC No. 10 of 2026 and MCRC No. 983 of 2026, vide orders dated 05.02.2026 and 12.02.2026, respectively, therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. She further submits that the present applicant has 03 criminal antecedents of the similar nature, shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, although the applicant has three criminal antecedents, he has already been enlarged on regular bail by the concerned Trial Court. An additional afÏdavit has been annexed with the present bail application in support of his contention. Moreover, the fact that the co-accused persons, namely, 3 Chandan Kumar Vishwakarma and Durgesh Kumar Soni, have already been enlarged on bail by this Court in MCRC No. 10 of 2026 and MCRC No. 983 of 2026, vide orders dated 05.02.2026 and 12.02.2026, respectively. Considering further that the charge-sheet has already been filed before the competent Court, the applicant has been in custody since 03.05.2026, and the conclusion of the trial is likely to take considerable time, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Bhavesh Taram, involved in Crime No. 46/2025 registered at Police Station Farasgaon, District – Kondagaon (C.G.), for the offences punishable under Sections 317(2), 317(4), 317(5), 3(5) and 111 of the Bhartiya Nyay 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during 4 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 sufÏcient 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. OfÏce 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 Abhishek