1 2026:CGHC:5020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 38 of 2026 1 - Aayush Kumar Rai S/o Santosh Rai Aged About 20 Years R/o Smilepur Doriganj P.S. Doriganj District- Chhapra (Bihar) 2 - Rocky Kumar S/o Krishna Rai Aged About 20 Years R/o Village Manachak Doriganj P.S. Koilover District- Aara (Bihar) 3 - Dharmendra Kumar Urf Dheeraj S/o Arun Ram Aged About 28 Years R/o Sakrava P.S. Asthama District- Nalanda (Bihar) 4 - Redroj Urf Gorelal S/o Late Bachhu Ram Aged About 30 Years R/o Sakrava P.S. Asthama District- Nalanda (Bihar) (As Per Challan) ... Applicants versus 1 - State of Chhattisgarh Through Sho, P.S. Range Cyber Police Jagdalpur District- Bastar (Chhattisgarh) ... Respondent (Cause title is taken from Case Information System) For Applicants : Ms. Madhunisha Singh, Advocate For Respondent/State : Ms. Anusha Nail, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2026 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.01/2025, registered at Police Station – Range Cyber, Jagdalpur District – Bastar (C.G.) for the offence punishable under VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.30 17:43:09 +0530 2 Sections 318(4), 319, 336(3), 338, 340(2), 61(2) of BNS and 66(C) and 66(D) of I.T Act. 2. The case of the prosecution, is that the Complainant Devansh Kumar Bajaj appeared before the Cyber Range Police Station, Jagdalpur on lodged a report in the police station person 16.05.2025 between 28.03.2025 and 14.04.2025, the unknown accused, on the pretext of getting Nykaa franchise, posing as Nykaa Public Relations Officer, contacted the Complainant's mail ID bajajdewansh@gmail.com through fake Nykaa company's email ID info@nykaafranchise.in and gave account numbers 365801000006471, 110230535196, 1583000100144760 in the documents of Nykaa company and cheated him by making him deposit Rs.2,65,500, Rs. 5,00,000 and Rs. 4,00,000, totaling Rs. 11,65,500 respectively in the said bank accounts. On the report of the Complainant, a crime was registered and taken into investigation. During the investigation Sections- 319, 336(3), 338, 340(2), 61(2), of B.N.S were added. 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 are only two criminal antecedent against the applicant No.2 namely Rocky Kumar of the year 2024 and no criminal antecedents registered against the applicants No.3 and 4 and only on the basis of memorandum statement of co-accused person, present applicants have falsely implicated in the present case. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 21.09.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that applicants are residents of the State of Bihar and there are only two criminal antecedent against the applicant No.2 namely Rocky Kumar of the year 2024 and no criminal antecedents registered against the applicants No.3 and 4 and no information is available regarding the criminal record of applicant number 1, and charge sheet has already 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 applicants and the fact that only on the basis of memorandum statement of co- accused persons, present applicants implicated in the present case, charge-sheet has been filed against the applicants, the applicants are in jail since 21.09.2025 and conclusion of the trial is likely to take some time, considering the period of detention of the applicants, I am inclined to allow this application on the ground of parity. 7. 7. Let applicants, Aayush Kumar Rai, Rocky Kumar, Dharmendra Kumar Urf Dheeraj and Redroj Urf Gorelal, involved in Crime No.01/2025, registered at Police Station – Range Cyber, Jagdalpur District – Bastar (C.G.) for the offence punishable under Sections 318(4), 319, 336(3), 338, 340(2), 61(2) of BNS and 66(C) and 66(D) of I.T Act, be released on bail on his furnishing a personal bond with two local sureties each 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