1 2026:CGHC:337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10477 of 2025 Jitendra Kumar Banjare S/o Shri Purushottam Banjare Aged About 44 Years R/o Mathpara, Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s) : Mr. Dharmesh Shrivastava, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/01/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 44/2025 registered at Police Station Civil Line Raipur, District Raipur (C.G.) for the offence punishable under Sections 111, 3(5), 317(2), 317(4) and 317(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story, in brief, is that charges have been framed against the accused persons under Sections 317(2), 317(4), 317(5) read with Section 3(5) and Section 111 of the BNS, based on prima facie evidence indicating the commission of the offencee. The accused persons are alleged to have opened a bank account with Utkarsh Small Finance Bank, Civil Lines Branch, Raipur, and fraudulently obtained a SIM card without the complainants' knowledge, which was then used to commit cyber fraud to obtain money. The accused persons are alleged to have acted in connivance with other individuals in furtherance of the offence. The alleged offences are of a serious nature, and cybercrime is reported to be on the rise, affecting a large number of victims. Thereafter, charge sheet has been filed as a prima facie case has been made out against the accused persons. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 24.11.2025 in MCRC No.9464 of 2025 on the ground that his active involvement in a large-scale, organized cyber fraud is found, his bank account was used for receiving proceeds of cyber fraud, with suspicious deposits and withdrawals, and an interstate complaint was also registered against the said account and the applicant himself admitted that he knowingly handed over his bank account and documents to a co-accused for commission, thereby facilitating the offence, therefore this second bail application is filed on the ground a identically situated co-accused, Harmeet Singh @ 3 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, thereafter, fourteen more co-accused persons have been granted bail by this Court vide common order dated 19.12.2025 in MCRC Nos.10383/2025, 10437/2025, 10402/2025, 10389/2025, 10435/2025, 10434/2025, 10414/2025, 10413/2025, 10410/2025, 10403/2025, 10399/2025, 10393/2025, 10390/2025 and 10385/2025 on that basis, therefore, in view of the principle of parity, he prays that the applicants may also be enlarged on bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the active involvement of the applicant in a large-scale, organized cyber fraud is found, his bank account was used for receiving proceeds of cyber fraud, with suspicious deposits and withdrawals, and an interstate complaint was also registered against the said account, further the applicant himself admitted that he knowingly handed over his bank account and documents to a co-accused for commission, thereby facilitating the offence and is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 24.11.2025 in MCRC No. 9464 of 2025 on the ground that applicant’s active involvement in a 4 large-scale, organized cyber fraud is found, his bank account was used for receiving proceeds of cyber fraud, with suspicious deposits and withdrawals, and an interstate complaint was also registered against the said account and the applicant himself admitted that he knowingly handed over his bank account and documents to a co- accused for commission, but considering the fact that identically 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 thereafter, fourteen more co-accused persons have been granted bail by this Court vide common order dated 19.12.2025 in MCRC Nos.10383/2025, 10437/2025, 10402/2025, 10389/2025, 10435/2025, 10434/2025, 10414/2025, 10413/2025, 10410/2025, 10403/2025, 10399/2025, 10393/2025, 10390/2025 and 10385/2025 on the ground of parity, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Jitendra Kumar Banjare, involved in Crime No. 44/2025 registered at Police Station Civil Line Raipur, District Raipur (C.G.) for the offence punishable under Sections 111, 3(5), 317(2), 317(4) and 317(5) of BNS, 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 5 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. 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 Akhil