1 2026:CGHC:6631 NAFR HIGH COURT OF CHHATTISGARH AT BILASPU MCRC No. 10132 of 2025 • Mohammad Aryan @ Samir Khan S/o Mohammad Abid Khan Aged About 24 Years R/o Opposite Fejulraja Madarsa Sanjay Nagar Talapara Bilaspur P.S. Civil Line Tahsil And District Bilaspur, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through- P.S. Range Cyber, District : Bilaspur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Dheerendra Pandey, Advocate For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/02/2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 14/2025, registered at Police Station Range Cyber, District – Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323 and 111(4) of the Bhartiya Nyay Sanhita (for short BNS) Act, 2023. 2. The case of the prosecution, is that complainant lodged a report that an amount of Rs. 4,000/- was fraudulently withdrawn from his bank account on 01.04.2024 an that subsequent verification through the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.07 10:59:41 +0530 2 State police portal (JMIS) revealed that between 11.03.2024 and 05.05.2025 a total sum of Rs. 1,59,198/- had been transferred from his account into the bank account used by the accused persons. The investigation further discloses that the said amount was moved through online channels in a manner intended to hide its origin and destination. As per statement of the witnesses including officers of the Cyber Police Range, Bilaspur. The material on record shows that the accused i.e. present applicant was actively involved in the use of a newly purchased mobile handset for receiving one-time passwords and other verification used in the commission of the fraud. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed and prosecution not collected any legal evidence against the applicant and prosecution has only seized 4,000/- from the bank account of the applicant which deposited by some another persons without knowledge of the applicant. The applicant is in judicial custody since 08.07.2025, and the trial is likely to take considerable time for its conclusion. Hence, the applicant prays for grant of bail. 4. Per contra, learned State counsel opposes the bail application and submits that although the applicant has no criminal antecedents, pursuant to this Court’s order dated 10.12.2025, the Investigating Officer has filed an affidavit stating that during investigation it was found that applicant along with their other associates used to cheat people by alluring them to open bank accounts and get the amount of fraud deposited in the bank accounts and during investigation, it was found that, the present accused applicant Mohammad Aryan @ Sameer Khan has used Motorola Company Mobile and SIM No. 3 9755886244 for chatting with absconded accused Shahil @Aftab resident of Talapara, Bilaspur for transactions of money, QR Code being used in online cyber fraud and they used to take bank accounts of their near and dear well acquaintance for transactions of the money received through online cyber crime/fraud for which, they give commission from Rs. 5000/- to Rs. 10000/- to the people in lieu of their bank accounts by luring them for money and employment, therefore, the present applicant is also not entitled to 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, the nature of allegations levelled against the present applicant, and the submissions made by learned counsel for the parties, and further considering that the applicant has no criminal antecedents, and that he is in judicial custody since 08.07.2025, and as the conclusion of the trial is likely to take a considerable time, this Court is of the opinion that it is a fit case for grant of regular bail to the applicant. 7. 7. Accordingly, this bail application of applicant – Mohammad Aryan @ Samir Khan involved in Crime No./2025, registered at Police Station Range Cyber, District – Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323 and 111(4) of the Bhartiya Nyay Sanhita (for short BNS) Act, 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, 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali