1 2026:CGHC:19967 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3732 of 2026 Kamleshwar Mugri S/o Gajendra Singh Aged About 47 Years R/o Block No. 19, Room No. 17, Bsup Colony, Near Sector-3, Saddu Raipur, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Civil Lines, Raipur, District Raipur Chhattisgarh. ... Non-Applicant For Applicant : Ms. Khushbu Sahu, Advocate For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.04.2026 1. This is the Second Bail Application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2025, registered at Police Station- Civil Line, Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 9224/2025 was rejected by this Court vide order dated 17.11.2025 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. Case of the prosecution, in brief, is that the complainant lodged a complaint before the concerned police station alleging, inter alia, that certain amounts were fraudulently transferred from the complainant into the bank accounts of the accused persons. During investigation, as many as 128 mule accounts were detected in a branch in Maharashtra, and the account of the present applicant alone reflected suspicious transactions amounting to Rs. 12,11,341/-, including an amount of Rs. 25,000/- directly received from victims of cyber fraud, as evidenced by Cyber Crime Portal Acknowledgment No. 33101240008876. It is further alleged that the applicant not only opened the said bank account at the behest of co-accused Gopal Tandi but also handed over the entire bank account kit, including the ATM card and passbook, for unlawful use. On the basis of the said report, the concerned police station has registered an offence against the applicant under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of the BNS. Hence, this bail application. 4. Learned counsel for the applicant submits that this is the second bail application, earlier bail application of the applicant being MCRC No. 9224/2025 was rejected by this Hon’ble Court vide order dated 17.11.2025 on merits. She further submits that the applicant has been in jail since 26.03.2025 and has, therefore, undergone a substantial period of incarceration of nearly one year by the time this bail application is being considered. She also submits that the other co-accused namely, Shabbir Khan, has been granted second bail by this Court in MCRC No. 2640/2026 vide order dated 3 23.03.2026 and therefore, on the ground of parity, the present applicant also deserves to be released on bail. 5. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused has already been granted second bail by this Court and the case of the present applicant is identical to that of the co-accused. She also submits that the applicant has 10 other complaints in all over India of the similar nature. Therefore, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that this is the applicant’s second bail application and that the earlier application, MCRC No. 9224/2025 was rejected by this Court vide order dated 17.11.2025 on merits, further considering the fact that the applicant is in jail since 26.03.2025 and has thus undergone a substantial period of incarceration of nearly one year, further the other co-accused namely Shabbir Khan, has been granted second bail by this Court in MCRC No. 2640/2026 vide order dated 23.03.2026, hence this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail. 8. Accordingly, the second bail application of the applicant is allowed. Let the Applicant – Kamleshwar Mugri, involved in Crime No. 129/2025, registered at Police Station- Civil Line, Raipur, District- 4 Raipur, (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3) and 3(5) of Bharatiya 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 his counsel. In case of her absence, without sufÏcient 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, 5 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. 9. 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 Rahul Dewangan