1 2026:CGHC:19629 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3851 of 2026 Rohit Royal S/o Laxman Singh Royal Aged About 28 Years R/o Ward No. 11, Faguram Chowki, District- Sakti, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House In- Charge, Police Station Sakti, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aditya Tiwari, Advocate. For Respondent(s) : Ms. Vaishali Mahilang, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2026 1. This is the second 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. 936/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sakti, District- Bilaspur (C.G.) for the offence punishable under Sections 318(4), 61(2), 317(5), 111(4), 323 and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 66(d) of Information Technology Act (for short ‘IT Act’). 2. Case of the prosecution, in brief, is that on 22.01.2025, the complainant, Jonson Ekka, lodged a report stating that on 07.12.2024, he received a phone call from mobile number 942432xxxx from an unknown person, who impersonated himself as a bank officer. On the pretext of updating KYC details, the caller induced the complainant to disclose his OTP. Thereafter, an amount of Rs. 26,74,701/- was fraudulently transferred from the complainant’s bank account. A copy of the final report is annexed herewith as Annexure P/2. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant has been rejected by this Court vide order dated 25.07.2025 in MCRC No.5190 of 2025, thereafter the applicant has preferred present second bail application on the ground that identically situated co-accused, namely, Hemant Chandra has already been granted regular bail in second bail application by this Court vide order dated 23.04.2026 passed in MCRC No.3701 of 2026. The applicant is in jail since 28.05.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 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. She further submits that the applicant was involved in the cyber fraud by facilitating or providing his bank account for receiving the defrauded amount, and thereby acted in connivance with other co-accused persons in the commission of alleged offence, further the applicant knowingly permitted the use of his account for the fraudulent transaction and thus played an active role in the siphoning of Rs. 26,74,701/- from the complainant’s account. However, could not dispute the fact that identically situated co-accused, namely, Hemant Chandra has already been granted regular bail in second bail application by this Court vide order dated 23.04.2026 passed in MCRC No.3701 of 2026. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 28.05.2025, the fact that though the applicant was involved in the cyber fraud by providing his bank account to receive the defrauded amount and, in connivance with co-accused persons, knowingly facilitated the fraudulent transactions, thereby playing an active role in siphoning Rs. 26,74,701/- from the complainant’s account, but considering the fact that co-accused, namely, 4 Hemant Chandra has already been granted regular bail in second bail application by this Court vide order dated 23.04.2026 passed in MCRC No.3701 of 2026 and the case of present applicant is similar to that of the said co-accused, further the applicant has no criminal antecedent and charge-sheet has been filed, 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. 7. Accordingly, the application is allowed. 8. Let the Applicant-Rohit Royal, involved in Crime No. 936/2024 registered at Police Station Sakti, District- Bilaspur (C.G.) for the offence punishable under Sections 318(4), 61(2), 317(5), 111(4), 323 and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 66(d) of Information Technology Act (for short ‘IT Act’), 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. 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