1 2026:CGHC:718 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9498 of 2025 Parmeshwar Jaiswal S/o Sukhram Jaiswal Aged About 21 Years R/o Ward No. 16, Hirri Mines, P.S. - Chakarbhata, District - Bilaspur Chhattisgarh ... Applicant versus The State of Chhattisgarh Through S.H.O. Police Station - Cyber Station, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Aman Kesharwani, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 9/2025 registered at Police Station – Cyber Range, Bilaspur, (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323, 111(1)(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, it is alleged that the Assistant Sub- Inspector, Cyber Thana, Bilaspur, received directions from the Police Headquarters to investigate mule bank accounts against which complaints had been registered on the Samnway Portal operated by the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.07 11:49:53 +0530 2 Government of India. Upon investigation, it was found that in respect of Utkarsh Small Finance Bank, Bilaspur, complaints relating to around 21 bank accounts had been received on the Samnway Portal regarding the deposit of money. That, against the present applicant, vide Acknowledgement No. 20207240028145 and Account No. 1549020000000376, an amount of Rs. 36,95,307.57/- was deposited. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. He submits that the applicant had handed over the bank account details to his brother, Girwar Jaiswal, who misused the said account for depositing the alleged fraudulent amount. The applicant has never cheated any person nor committed any online fraud resulting in the deposit of any amount in his bank account. The applicant is unaware as to how such amounts came to be deposited in his bank account. He also submits that the applicant never received any SMS alerts or messages from the bank indicating that amounts were being deposited by unknown persons; therefore, he had no intention to commit any fraud. He submits that the entire deposit and withdrawal of amounts from the bank account registered in the name of the present applicant were controlled by Girwar Jaiswal, and hence the applicant has been falsely implicated in the present crime. He submits that the co-accused person, namely, Karan Singh and Lata Tolani have been granted bail by the Hon’ble Supreme Court in SLP (crl) Nos. 13305/2025 and 15042/2025, vide orders dated 14.10.2025 and 12.11.2025 and subsequently the co-accused persons namely, Yogesh Tolani @ Chintu, Niraj Kashyap, Rohit Lalwani and Sandeep Shrivas have also been granted regular bail by this Court on the ground of parity vide order dated 17.12.2025. He submits that the case of the present applicant is identical to the case of the aforesaid co- 3 accused persons, the applicant is in jail since 16.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel has opposed the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, as the the co-accused person, namely, Karan Singh and Lata Tolani have been granted bail by the Hon’ble Supreme Court in SLP (crl) Nos. 13305/2025 and 15042/2025, vide orders dated 14.10.2025 and 12.11.2025 and subsequently the co-accused persons namely, Yogesh Tolani @ Chintu, Niraj Kashyap, Rohit Lalwani and Sandeep Shrivas have also been granted regular bail by this Court on the ground of parity vide order dated 17.12.2025, and the present applicant has been languishing in jail since 16.05.2025, the case of the present applicant is identical to the case of the co-accused persons. Moreover, the charge-sheet has already been filed before the competent Court in the present case, conclusion of the trial is likely to take some time, this Court is of the opinion that the applicant is entitled to be released on bail on the ground of parity. 7. Let the first bail of the Applicant – Parmeshwar Jaiswal, involved in Crime No. 9/2025 registered at Police Station – Cyber Range, Bilaspur, (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323, 111(1)(4) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce 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 Abhishek