1 2026:CGHC:919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 58 of 2026 Ayush Sagar Aged About 30 Years S/o Santosh Sagar R/o Near Shriram Maidan, Police Station- Tikrapara, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Lines, Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Shri Suraj Jaiswal, Advocate. For Respondent/State : Shri Dharmesh Shrivastava, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/01/2026 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.44/2025, registered at Police Station Civil Lines Raipur, District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.08 16:35:54 +0530 2 2. Case of the prosecution, in brief, is that a complaint was lodged through an online report in cyber crime portal of Ministry of Home Affairs, Govt. of India. As per instructions received from the senior office, information regarding bank accounts used for cyber fraud, their utilization, and promotion was collected through the "Samanvay" Portal operated by the Indian Cyber Crime Coordination Centre, Ministry of Home Affairs, Government of India. This portal serves as a guiding platform for police to share information related to cybercrime investigations. It was found that in Utkarsh Small Finance Bank, Raipur Branch, with IFSC Code UTKS0001400, a total of 104 bank accounts were involved in receiving a sum of Rs. 36,48,448/- obtained through cyber fraud. The funds obtained through cyber fraud were utilized by the account holders/promoters. In various account numbers, a total fraudulent amount of Rs. 36,48,448/- was deposited between 01.01.2024 and 31.12.2024. These funds, acquired through cyber fraud, were used by the account holders/promoters, who knowingly engaged in illegal activities, understanding that the property was obtained through dishonest or fraudulent means. They were found to have actively acquired, concealed, or disposed of such property, believing it to be proceeds of crime, thereby promoting such activities. On the basis of aforesaid online complaint, the police of Police Station Civil Lines, District Raipur registered FIR bearing Crime No. 44/2025 for the offence punishable under 317(2), 317(4), 317(5), 111, 3(5) of Bharatiya Nyaya Sanhita, 2023 and investigation was initiated. After completion of entire investigation, charge-sheet has been filed before the learned Chief Judicial Magistrate, Raipur, District Raipur (C.G.) and the case was registered as Session Case No. 217/2025 which is 3 pending before the learned 4th Additional Session Judge Raipur (C.G.). 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further submitted that a similarly situated co-accused, namely Harmeet Singh @ Yashmit, has already been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 15006/2025 vide order dated 19.11.2025 and further the fact that co-accused namely Mehul Sona, Krishnakant Sahu, Dhanesh Sen, Teman Hiyal, Mehul Vij, Parul Verma, Rajesh Nishad, Ajay Motghare, Dipak Chhura, Tribhuvan Singh, Shubham Dutta, Nilkanth Sahu, Bhimashankar Nayak and Rahul Nayak has already been granted bail by this Court vide order dated 19.12.2025 and further one co-accused namely Saket Singh Thakur has also been granted bail by this Court in MCRC No. 10135/2025 vide order dated 10.12.2025. In view of the principle of parity, learned counsel prays that the applicant may also be enlarged on bail. 4. On the other hand, learned State Counsel, appearing for the State/non- applicant, submit that the charge-sheet has been filed before the competent Court and the trial is currently in progress. He further concur with the submission made on behalf of the applicant to the effect that the principle of parity may be considered, however, he contend that the serious nature of the offences, the ongoing investigation and the possibility of influencing witnesses weigh against granting bail to the applicant at this stage. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into account the facts and circumstances of the case, the submissions of learned counsel for the parties and the material on record, this Court notes that the applicant has been implicated in the case along with other co-accused. It is also observed that a similarly situated co-accused, Harmeet Singh @ Yashmit, has already been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.15006/2025 vide order dated 19.11.2025 and further the fact that co-accused namely Mehul Sona, Krishnakant Sahu, Dhanesh Sen, Teman Hiyal, Mehul Vij, Parul Verma, Rajesh Nishad, Ajay Motghare, Dipak Chhura, Tribhuvan Singh, Shubham Dutta, Nilkanth Sahu, Bhimashankar Nayak and Rahul Nayak has already been granted bail by this Court vide order dated 19.12.2025 and further one co-accused namely Saket Singh Thakur has also been granted bail by this Court in MCRC No. 10135/2025 vide order dated 10.12.2025. 7. In view of the principle of parity and considering the submissions that the applicant has been falsely implicated, this Court is of the view that the applicant is also entitled to the benefit of bail. While the offences alleged are serious, the applicant’s release on bail shall be subject to appropriate conditions to ensure that the trial proceeds without obstruction and that the applicant do not influence witnesses or tamper with evidence. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Ayush Sagar, involved in Crime No.44/2025, registered at Police Station Civil Lines Raipur, District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of BNS, 5 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. (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. 6 9. 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 gouri