1 2026:CGHC:1706 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 251 of 2026 Devendra Sen S/o Pahalwan Sen, Aged About 31 Years, R/o Near Bindeshwari Mandir, Shankar Nagar, District - Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Abhyuday Tripathi, Advocate. For Non-Applicant/State : Mr. Dharmesh Shrivastava, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12 .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. 44/2025, registered at Police Station- Civil Lines, District - Raipur(C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. According to the case of the prosecution, the brief facts of the matter are that the Government of India has established the "Cyber Crime Reporting Portal" and the "1930 Helpline Number" for the prevention of cyber offences, through which victims can report incidents of cyber fraud. Based PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.13 13:00:11 +0530 2 on the information received through this system, it came to light that a total of 104 bank accounts were opened in Utkarsh Small Finance Bank, Civil Lines Branch, Raipur (IFSC Code: UTKS0001400), which were being used for receiving proceeds of cyber fraud. On the basis of this information and as per the directions issued by the Police Headquarters, Crime No. 44/2025 under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the BNS was registered at Police Station Civil Lines, Raipur against the said 104 bank account holders, and the investigation of the case was entrusted to the Range Cyber Police Station, Raipur. These bank accounts have been identified as "mule accounts," which were allegedly used by cyber criminals for transferring fraudulently obtained money. 3. Learned counsel for the applicant submits that the applicants have been falsely implicated in the case. It is further submitted that a similarly situated co-accused, namely Harmeet Singh @Yashmit, Saurabh Pal and Tanishq Singh Bhatia and Shubham Singh Thakur, have already been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 15006/2025, 12849/2025, 15613/2025 and 17452/2025 vide order dated 19.11.2025, respectively, and on the same ground the co-accused namely Om Arya has been granted bail by this Court vide order dated 27.11.2025 passed in MCRC Nos. 9388/2025, and other co-accused have also been granted bail by this Court. In view of the principle of parity, learned counsel 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 case; 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. 3 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, nature and gravity of allegation levelled against the applicant and the fact that the charge-sheet has been filed against the applicant, and further the fact that a similarly situated co-accused, namely Harmeet Singh @Yashmit, Saurabh Pal and Tanishq Singh Bhatia and Shubham Singh Thakur, have already been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 15006/2025, 12849/2025, 15613/2025 and 17452/2025 vide order dated 19.11.2025, respectively, and on the same ground the co-accused namely Om Arya has been granted bail by this Court vide order dated 27.11.2025 passed in MCRC Nos. 9388/2025, and other co-accused have also been granted bail by this Court, hence this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail. 7. Let applicant, Devendra Sen, involved in Crime No. 44/2025, registered at Police Station- Civil Lines, District - Raipur(C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 4 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 Preeti