1 2026:CGHC:5610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 643 of 2026 Kheman Lal Sahu S/o Komal Das Sahu Aged About 23 Years R/o - 04 Khoratola, Tahsil Chhuria, District Rajnandgaon C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line, District Raipur C.G. ... Respondent For Applicant : Shri Anurag Verma, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.44/2025, registered at Police Station- Civil Line, District Raipur, (C.G.) for the ofence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bhartiya Nyay Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.02 17:26:57 +0530 2 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 ofences, through which victims can report incidents of cyber fraud. Based 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 applicant is innocent and has been falsely implicated solely on suspicion. He would submit that the applicant is an employee of a telecom company and acted strictly in the course of his official duties and under the instructions of his officers and customers. He neither ported any mobile number in another person’s name nor issued or sold any SIM card illegally. He would submit that no amount related to the crime has been credited to his account and the applicant had no knowledge of any misuse of bank accounts or SIM cards. He would submit that second bail application of the co-accused Om Arya has been allowed by this Court in MCRC No. 9388 of 2025 on 27.11.2025, charge sheet has been filed in this case, 3 the applicant is in jail since 19/02/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court but she do not dispute the fact that second bail application of the co-accused Om Arya has been allowed by this Court in MCRC No. 9388 of 2025 on 27.11.2025. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, further the fact that second bail application of the co-accused Om Arya has been allowed by this Court in MCRC No. 9388 of 2025 on 27.11.2025, period of detention of the applicant since 19/02/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Kheman Lal Sahu, involved in Crime No. 44/2025, registered at Police Station- Civil Line, District Raipur, (C.G.) for the ofence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bhartiya Nyay 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri