1 2026:CGHC:2034 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 394 of 2026 Shiva Rao @ D. Shiva S/o Ramesh Rao, Aged About 23 Years R/o House No. 6, Block No. 2, Sankalp Home Housing Board Colony, Near Raheja Residency Labhandi, Raipur District- Raipur Chhattisgarh (Detail Of The Applicant Has Not Mentioned In Annexure A-1) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Ms. Khushbu Sahu, Advocate. For Respondent/State : Shri Dharmesh Shrivastava, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/01/2026 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 Line Raipur, District- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.14 16:40:10 +0530 2 Raipur (C.G.) for the offence punishable under Sections 111, 3(5), 317(2), 317(4) and 317(5) of B.N.S. 2. Case of the prosecution, in brief, is that an information was received through the cyber crime reporting portal that 104 bank accounts has been fraudulently opened in Utkarsh Small Finance Bank, Civil Lines Branch Raipur and were being used for receiving proceeds of cyber fraud. Acting on directions from the police headquarters, a report regarding the incident was forwarded to police station civil lines, Raipur, where an FIR was registered against all 104 account holders, including the present applicant for commission of aforesaid offence punishable under section 111, 3(5), 317(2), 317(4) and 317(5) of B.N.S. Hence this application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She would further submit that 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. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 23/01/2025 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court but he do not dispute the fact that similarly situated co-accused, namely Harmeet Singh @Yashmit, has already been enlarged on bail by the Hon'ble Supreme Court in Special Leave 3 to Appeal (Crl.) No.15006/2025 vide order dated 19.11.2025. 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further the fact that 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, period of detention of the applicant since 23/01/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, 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- Shiva Rao @ D. Shiva, 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 B.N.S., 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 4 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. 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 gouri