1 2026:CGHC:13028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1029 of 2026 • Mukesh Tripathi S/o Late Premshankar Tripathi Aged About 35 Years R/o Kailash Moad, Sattipara Police Station Kotwali Ambikapur And Tahsil Ambikapur District Sarguja Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Kotwali Ambikapur, District Sarguja Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Rahul Goswami, Advocate For Respondent(s) : Mr. Soumya Rai, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/03/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.493/2025, registered at Police Station- Kotwali, Ambikapur District-Sarguja, (C.G.) for the ofence punishable under Sections 61(2) 238, 111(2) of Bhartiya Nyay Sanhita, 2023. 2. According to the case of the prosecution, the Suraj yadav, a bank of Maharashtra Account holder, used account number VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.19 10:50:59 +0530 2 60474112287, receiving commission from the account and giving it to the applicant/accused Mukesh Tripathi, Amit Mishra, alias Pehlu, received Suraj Yadav and the people of the locality by claiming to use their bank accounts, ATM checkbooks, sim cards and passbooks form online betting on cricket matches. Based on the applicant's complaint, a crime number 493/2025 was registered against the accused under section 419, 420 OF I.P.C. & 61(2), 238, 111 of B.N.S. and after complete investigation, the charge sheet was presented before the court. Against the applicant and after rejecting bail application of the applicant, this bail application is being preferred before the Hon'ble Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated solely on suspicion. He would submit that the applicant has not withdrawn any amount which is seized by the police as alleged against the applicant. It is further stated that applicant has neither committed alleged offence nor any kind have been involved in this case. The applicant is in jail since 24.07.2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. He also submits that there are six criminal antecedent registered against the applicant and same are mentioned in the covering memo. He 3 also contended that in compliance of this Court’s order dated 30.01.2026, the investigating Officer has filed his personal affidavit and the relevant paragraphs are as follows:- “7.That, as per the FIR it is alleged that one Suraj Yadav was taken into custody who disclosed in his statement that one Mukesh Tripathi was a childhood friend of him. In 2021, Mukesh Tripathi told him that Amit Mishra, @ Pehlu, and Ayush Sinha, @ Deep, were making a lot of money by facilitating online betting on cricket matches. Amit Mishra, @ Pehlu, and Ayush Sinha, @ Deep, offered to provide anyone's bank account passbook, checkbook, ATM card, and SIM card to facilitate online betting on cricket matches. They simply had to go to the bank with a new mobile SIM card, open an account, and provide our ATM card, passbook, and checkbook. In return, Amit Mishra, @ Pehlu, and Ayush Sinha, @ Deep, would give us a three percent commission on any money deposited into our account. Thereafter, he went to the old bus stand with Mukesh Tripathi and purchased three SIM cards in his name on different days. After that, he opened bank accounts in three banks on different days: Bank of Maharashtra, Indian Bank, and Kotak Mahindra Bank, Ambikapur. After purchasing the SIM cards and opening the bank accounts, he handed over his SIM card, ATM card, passbook, and checkbook to Mukesh Tripathi. In return, Mukesh Tripathi paid him a commission for three to four months. He opened three bank accounts in his name and handed over the ATM card, passbook, checkbook, and three mobile SIM cards to Mukesh Tripathi. Mukesh Tripathi himself provided these three bank accounts to Amit Mishra @ Pehlu and Ayush Sinha @ Deep to facilitate betting on cricket matches.” 5. I have heard learned counsel appearing for the parties and 4 perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further considering the affidavit filed by the Investigating Officer, which shows that there was no transaction in the bank account of the applicant, he is in jail since 24.07.2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Mukesh Tripathi, involved in 493/2025, registered at Police Station- Kotwali, Ambikapur District- Sarguja, (C.G.) for the ofence punishable under Sections 61(2) 238, 111(2) of Bhartiya Nyay 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 Bharatiya Nyaya Sanhita. 5 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaishali