1 2026:CGHC:8807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1611 of 2026 Shiva David S/o Shri Ravi David Aged About 33 Years R/o Sanjay Nagar Ward No. 05, Police Station Supela, Bhilai, District Durg C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Kotwali, District Rajnandgaon C.G. ... Respondent(s) For Applicant(s) : Ms. Renu Kochar, Advocate For Respondent(s) : Ms. Anusha Nayak, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.02.2026 1. The applicant has preferred this Second Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.110/2025, registered at Police Station- Kotwali, District- Rajnandgaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of the BNS. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution case, on 01.03.2025 the Cyber Cell received information regarding an alleged fraud syndicate operating mule bank accounts for transferring proceeds of cyber fraud amounting to crores of rupees. Consequently, FIR bearing Crime No. 110/2025 was registered on 06.03.2025 at Kotwali Police Station Rajnandgaon against unknown persons. During investigation, bank account No. 20100027185586 of co-accused Mohammad Salim was identified as a mule account, and he was arrested on 07.03.2025. In his memorandum statement, he allegedly stated that for Rs. 15,000/- he had provided his account to the present applicant, Shiva David. The present applicant was thereafter arrested, and it is alleged that he in turn provided his account to one Rahul Verma for similar monetary consideration. After completion of investigation, the charge-sheet was filed on 27.05.2025 before the learned Chief Judicial Magistrate, Rajnandgaon. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court vide order dated 10.07.2025 on merits in a composite order passed along with co-accused Mohammad Salim in MCRC No. 4490/2025. It is further submitted that the co-accused, Mohammad Salim, thereafter preferred Criminal Appeal No. 255/2026 before the Hon’ble Supreme Court, which was allowed vide order dated 15.01.2026 and he has been enlarged on bail. On the ground of parity, it is contended that the case of the present applicant stands on similar footing as that of the co-accused who has already been granted bail by the Hon’ble Apex Court. It is also submitted that the applicant is 3 in judicial custody since 07.03.2025, the charge-sheet has already been filed, and there is no likelihood of early conclusion of trial. With regard to criminal antecedents, it is submitted that only one case bearing FIR No. 160/2024 is pending against the applicant, which has been duly explained in para 4A of the bail application. Hence, prayer is made for grant of bail. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant, but could not dispute the fact that co-accused, namely, Mohammad Salim has already been granted bail by the Hon’ble Apex Court and further the case of the present applicant is similar to that of the co-accused. 5. Taking into consideration the fact that the co-accused, namely, Mohammad Salim, has already been enlarged on bail by the Hon’ble Supreme Court vide order dated 15.01.2026 passed in Criminal Appeal No. 255/2026, and further considering that the case of the present applicant stands on similar footing as that of the co-accused, as also the submission that only one criminal antecedent is pending against the applicant and he is in judicial custody since 07.03.2025, this Court is of the view that the applicant is entitled to be released on bail on the ground of parity, hence the bail application of the applicant stands allowed. 6. Let applicant, Shiva David, involved in Crime No.110/2025, registered at Police Station- Kotwali, District- Rajnandgaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 4 111, 3(5) 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 sufÏcient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 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 sufÏcient 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. 7. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan