1 2026:CGHC:4799 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9659 of 2025 Devansh Dhruw Malkan S/o Atul Dhruw Aged About 20 Years R/o House No. Lig 678, Vidhan Sabha Road Sector-4, Housing Board Colony, P.S. Vidhan Sabha, Raipur, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Range Cyber Police Thana Raipur, District - Raipur (C.G.) ...Non-applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Ms. Anusha Naik, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 79/2025, registered at Police Station - Range Cyber Police Thana Raipur, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5),111, 3(5), of the BNS. 2. The prosecution case, in brief, is that the complainant lodged a report VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.29 11:59:04 +0530 2 before the concerned police station alleging that the accused persons had opened bank accounts by using forged documents and thereafter committed theft of an amount of Rs.27,27,556/- through such bank accounts. On the basis of the said complaint, the police registered an offence under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita (BNS) against the accused persons, and after completion of the investigation, the present applicant was arrested in connection with the aforesaid Crime No. 79/2025 solely on the basis of the memorandum statement. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. It is further submitted that the investigation is complete and the charge- sheet has already been filed, and therefore no custodial interrogation of the applicant is required. Learned counsel further submits that a similarly situated co-accused, namely Bhagwat Prasad Shukla, having identical allegations and role, has already been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 20364 of 2025 vide order dated 16.01.2026. The role attributed to the present applicant is not distinguishable from that of the said co- accused. In view of the settled principle of parity, and considering the fact that the applicant has been in judicial custody for a considerable period, learned counsel humbly prays that the applicant 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 case, 3 however, he could not dispute the fact that the co-accused have been granted bail by the Hon’ble Supreme Court and by this Court. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has already been filed, and further considering that a similarly situated co-accused, namely Bhagwat Prasad Shukla, has been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 20364 of 2025 vide order dated 16.01.2026, as well as by this Court vide order dated 19.11.2025, and that the applicant has been in judicial custody since 27.03.2025, this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail. 7. 7. Let applicant, Devansh Dhruw Malkan, involved in Crime No. 79/2025, registered at Police Station - Range Cyber Police Thana Raipur, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5),111, 3(5), of the BNS, be released on bail on his furnishing a personal bond with two local 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. 4 (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. 8. Office 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 vaibhav