1 2026:CGHC:4953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 884 of 2026 Nitish Kumar S/o Nandkishor Sharma Aged About 27 Years R/o Ward No.2, Shahid Bhagat Singh Dipka, District- Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer Police Station- City Kotwali (Investigation Was Conducted By Range Cyber Headquarter) Raipur, District- Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Chandrikaditya Pandey, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2026 1. This is the Second 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. 45/2025 registered at Police Station – City Kotwali (investigation was conducted by Cyber Range/Cyber Crime Headquarter), Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5) and 111 of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the present applicant was rejected by this Court on merits in MCRC No. 7151 of 2025 vide order dated 08.09.2025. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.30 10:00:19 +0530 2 3. Case of the prosecution, in brief is that a First Information Report No. 45/2025 has been registered by the Police Station City Kotwali Raipur by Assistant Sub-Inspector Praveen Pradhan under Sections 317(2), 317(4), 317(5) and 111 of the Bharatiya Nyaya Sanhita, 2023. The FIR pertains to a case reported on 22.03.2025 by the office of the Deputy Superintendent of Police, Cyber Police Range, Raipur, District Raipur. addressed to the Station House Officer, City Kotwali Raipur Additionally, a memo from the office of the Station House Officer, City Kotwali Raipur, references the subject of taking legal action against mule account holders. The FIR cites instructions received from the Additional Director General of Police (Technical Services), Police Headquarters, Raipur and a reminder letter from Police Headquarters, Raipur, as per directives from senior authorities, information shared through the Indian Cybercrime Coordination Centre, operated by the Ministry of Home Affairs, Government of India, on the Samnvay Portal (designed to facilitate police investigations by sharing cybercrime-related information) indicates that mule bank accounts have been used for the disbursement, utilization, and promotion of funds obtained through cyber fraud. Information gathered from the Samnvay portal reveals that a total of 41 bank accounts in the Kotak Mahindra Bank, Raipur branch, with IFSC codes KKBK0006407, KKBK0006402 and KKBK0006408, were found to have received a sum of 18,96,851/-obtained through cyber fraud. The funds acquired through cyber fraud were utilized by the bank account holders/promoters. Between 01.01.2024 and 11.01.2025, these fraudulent funds were deposited into various bank accounts. The account holders/promoters, knowingly aware that the funds were obtained dishonestly or through deceitful means, facilitated the opening of these accounts, assisted in the receipt of the funds and engaged in concealing or disbursing the 3 proceeds, thereby promoting the property derived from cyber fraud and investigation was initiated. Charge-sheet has been filed and matter is pending before the learned Judicial Magistrate First Class, Raipur, District Raipur (C.G.) as Criminal Case No. 27621/2025 under Sections 317(2), 317(4), 317(5), 111 of Bharatiya Nyaya Sanhita, 2023. 4. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by the Court vide order dated 08.09.2025 in M.Cr.C. No. 7151/2025. Therefore, the present second bail application is being filed on the ground that the identically situated co-accused, namely Bhavika Harchandani, has already been granted bail by the Hon’ble Supreme Court in SLP (crl) No. 19243/2025 and other co-accused, namely, Ayush Jethani has already been granted bail by the Hon’ble Supreme Court in SLP (crl) No. 20651/2025, the case of the present applicant is identical to the case of the aforesaid co-accused person, further the applicant has no previous criminal antecedents, the applicant is in jail since 02.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant on the ground of parity. 5. On the other hand, the learned State counsel opposed the bail application of the applicant but could not dispute the fact that two co-accused persons have been granted bail by the Hon’ble Supreme Court. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, as the co-accused person, namely, Bhavika Harchandani, has already been granted bail by the Hon’ble Supreme Court in SLP (crl) No. 19243/2025 and other co-accused, namely, Ayush Jethani has already been granted bail by the Hon’ble Supreme Court in SLP (crl) No. 20651/2025, the case 4 of the present applicant is identical to the case of the aforesaid co-accused person, further the applicant has no previous criminal antecedents, the applicant is in jail since 02.05.2025, 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. 8. 8. Let the Second bail of the Applicant – Nitish Kumar, involved in Crime No. 45/2025 registered at Police Station – City Kotwali (investigation was conducted by Cyber Range/Cyber Crime Headquarter), Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5) and 111 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 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 5 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. 9. 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