1 2026:CGHC:1756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 320 of 2026 1 - Suresh Rao S/o Radhakrishna Rao Aged About 26 Years R/o Ward No. 29, Near Shani Mandir, Durga Chowk, Khamhardih, Shankar Nagar, P.S. Khamhardih, Tehsil And Distt. Raipur, Chhattisgarh. 2 - Arvind Choure S/o Krishna @ Ghasiya Chourre Aged About 37 Years R/o House No. 204, Ravidas Nagar, Ward No. 19, Dongergarh, P.S. Dongergarh, Distt. Rajnandgaon, Chhattisgarh. (Particulars Of The Applicant Are Mentioned Correctly) ... Applicant versus 1 - State of Chhattisgarh Through P.S. Civil Lines, Distt. Raipur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Mahi Pandey, Advocate For Respondent/State : Mr. Dharmesh Shrivastava, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have 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, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.14 11:31:42 +0530 2 2. The case of the prosecution, is that on 20.01.2025, through the portal of the Ministry of Home Affairs, Government of India, the Cyber Range Police Station, Raipur, received information to take cognizance of certain 'mule account holders. On receipt of the complaint, Police Station Civil Lines, Raipur took cognizance and initiated inquiry regarding 104 mule bank accounts in Utkarsh Small Finance Bank, Raipur branch, allegedly used for cyber fraud involving Rs. 36,48,448/- was deposited during the period from 01.01.2024 to 31.12.2024. That the said amount was subsequently withdrawn and utilized by the account holders/ facilitators, who were aware or has sufficient reason to believe that the money, was dishonestly obtained through fraudulent means. By Opening and operating Such accounts for the purpose of receiving and laundering cyber fraud proceeds, it is alleged that present applicant has actively facilitated cyber Poffence by facilitating opening of bank accounts thereby committing offence punishable under section 317(2), 317(4), 317(5), 111, 3(5) of BNSS. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is no criminal antecedents registered against the present applicant. Further the co-accused persons have been granted the benefits of bail by the Hon’ble Apex Court in Special Leave to Appeal (Crl.) 15006/2025 vide order dated 19.11.2025 and one co-accused has also been enlarged on bail by this Court in MCRC No.9388 of 2025 vide order dated 27.11.2025 and copy of the same have been annexed herewith as Annexure-A/3 at page Nos. 23 and 29. It is further submitted that the charge-sheet has been filed in this case. The applicants are in jail since 23.01.2025 and trial is likely to take 3 quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicants and the charge-sheet has been filed in this case. 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 there is no criminal antecedents registered against the present applicants, co-accused persons have been granted the benefits of bail by the Hon’ble Apex Court in Special Leave to Appeal (Crl.) 15006/2025 vide order dated 19.11.2025 and one co-accused has also been enlarged on bail by this Court in MCRC No.9388 of 2025 vide order dated 27.11.2025, charge-sheet has been filed against the applicant, the applicants are in jail since 23.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity. 7. 7. Let applicants, Suresh Rao and Arvind Choure 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, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), 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 4 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. (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 vaishali