1 2026:CGHC:62 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10462 of 2025 Kalesh Kumar Dhiwar S/o Gangaram Dhiwar Aged About 28 Years R/o Village Ratanpur, P.S. Ratanur, Distt. Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Cyber Cell, District – Bilaspur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Kamlesh Kumar Pandey, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 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. 09/2025, registered at Police Station – Cyber Cell, District – Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323 and 111(1)(4) of the BNS. 2. The case of the prosecution, is that on the instructions of the Police Headquarters to investigate the mule accounts, Cyber Police Station, Bilaspur, through the Police JMIS Portal operated by the Central RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Government, received information regarding the accounts of Utkarsh Small Finance Bank, Bilaspur, and during investigation, it was found that complaints were lodged more than once in the said portal regarding the amount deposited in 21 bank accounts and a transfer of Rs 6,46,72,004/ was found to have been made Through the said accounts between 04-12-2023 and 13-05-2025. During investigation, it was found that the applicant /accused along with other accused had opened the said bank account for defrauding people of money in the name of online cricket betting, Ludo online game, online job and insurance and seizure action was taken in respect of 08 mobile phones in connection with the same. From the perusal of the case diary, it is alleged that during investigation, suspicious transactions of Rs. 67, 70, 212.90/- were found in the Utkarsh Bank account of the number- 15490200000000325 applicant/accused Kalesh Kumar between the dates 22-12-2023 to 14-02-2025 and suspicious transactions of Rs. 66,91,498/ were found in the Utkarsh Bank account number- 1549020000000322 of the applicant/accused Vikas Kewat between the dates 20-12-2023 to 14-02-2025. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. Further the fact that the co-accused persons, namely, Karan Singh and Lata Tolani who are similarly situated with respect to the allegations and the nature of the offence, has been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 13305 of 2025 and 15042/2025, vide order dated 14.10.2025 and 12.11.2025, 3 respectively, and one of the co-accused person, namely, Ram Kumar Duseja has already been granted bail by this Court vide order dated 19.11.2025 passed in MCRC No. 8522/2025, and the second bail application of the co-accused, namely, Deepak Tiwari has already been granted by this Court vide order dated 27.11.2025 passed in MCRC No. 9628/2025, furthermore, the bail applications of two co-accused persons namely Vikas Kaiwart and Abdul Adil, have been allowed by this Court vide orders dated 04.12.2025 and 17.12.2025 passed in MCRC Nos. 9928/2025 and 9456/2025, as such the principle of parity in bail cannot be overlooked. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 16.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 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 applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant along with other co- accused persons is said to have committed cyber crime with respect to the mule accounts and committed the fraud of Rs. 67,70,212.90/- out of which a suspicious transaction of Rs. 66,91,498/- have been found in the Utkarsh Bank Account No. 1549020000000322 of the applicant, and it appears to be an organized nature of crime, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 4 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 applicant, charge-sheet has been filed against the applicant, further the fact that the co-accused persons, namely, Karan Singh and Lata Tolani who are similarly situated with respect to the allegations and the nature of the offence, has been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 13305 of 2025 and 15042/2025, vide order dated 14.10.2025 and 12.11.2025, respectively, and one of the co-accused person, namely, Ram Kumar Duseja has already been granted bail by this Court vide order dated 19.11.2025 passed in MCRC No. 8522/2025, and the second bail application of the co-accused, namely, Deepak Tiwari has already been granted by this Court vide order dated 27.11.2025 passed in MCRC No. 9628/2025, furthermore, the bail applications of two co-accused persons namely Vikas Kaiwart and Abdul Adil, have been allowed by this Court vide orders dated 04.12.2025 and 17.12.2025 passed in MCRC Nos. 9928/2025 and 9456/2025, as such the principle of parity in bail cannot be overlooked, the applicants are similarly situated with respect to the allegations and the nature of the offense. No material distinction has been brought to notice which would justify differential treatment in the matter of bail. The applicant has also undertaken to comply with all conditions that this Court may deem fit to impose to ensure his attendance during trial. In the said circumstance, this Court is of the view that the applicant is entitled to be released on bail in this case. 5 7. Let applicant, Kalesh Kumar Dhiwar, involved in Crime No. 09/2025, registered at Police Station – Cyber Cell, District – Bilaspur (C.G.) for the offence punishable under Sections 61(2), 317(5), 318(4), 323 and 111(1)(4) of the 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 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 6 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 Rajshekhar