1 2026:CGHC:2280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9233 of 2025 M. Pankaj S/o M. Ramesh Babu Aged About 36 Years R/o Mother Teresa Nagar, Camp-1, Bhilai, District - Durg Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Utai, District - Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Mr. Vaishali Mahilong, Dy. G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.01.2026 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. 350/2025 registered at Police Station : Utai, District - Durg (C.G.) for the offence punishable under Sections 317(2), 318(4), 61(2), 3(5) of the BNS 2023 and Section 66(D) of the I.T. Act. 2. The prosecution's case is that it is alleged that the applicant opened VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.15 13:34:51 +0530 2 bank account in I.D.F.C. Bank Branch Utai and the said bank account was used for obtaining the amount obtained through online fraud and thus the total amount of Rs. 29,50,000/- has been transferred in the said account of applicant for the period from 19.07.2025 to 23.07.2025 and the applicant has obtained the commission money of Rs. 20,000/- from the accused Raju Bagh. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the co-accused, namely Raju Bagh, opened a bank account in the name of the applicant and misused the same for receiving and transacting Rs. 20,000, without the knowledge or consent of the applicant, a fact supported by the bank statement annexed as Annexure A/3. The applicant had no knowledge of any online fraudulent transactions. The charge-sheet in the case has already been filed, and since the co-accused Raju Bagh is absconding, the conclusion of the trial is likely to take considerable time. The applicant is the sole breadwinner of his family, and his prolonged pre-trial detention is adversely affecting their livelihood. The applicant undertakes to appear before the trial Court during the course of proceedings and assures that he shall not misuse the liberty. The applicant has been in judicial custody since 31.08.2025 and therefore prays for release on bail., therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has one criminal antecedent and that the charge-sheet has already been filed 3 before the competent Court in the present case 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has one criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 31.08.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, M. Pankaj, involved in Crime No. 350/2025 registered at Police Station : Utai, District - Durg (C.G.) for the offence punishable under Sections 317(2), 318(4), 61(2), 3(5) of the BNS 2023 and Section 66(D) of the I.T. Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav