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2026 DAILYLAW 17324 (CHH)

RAVI KUMAR KASHYAP v. STATE OF CHHATTISGARH

MCRC/1649/2026 · 2026-02-18

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1 2026:CGHC:8900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1649 of 2026 Ravi Kumar Kashyap S/o Shiv Kumar Kashyap, Aged About 30 Years Occupation Private Service, R/o Village Sukhari, Police Station Gandhinagar, Tehsil Ambikapur, District Sarguja (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Ambikapur, District Sarguja (C.G.) ... Non-applicant For Applicant : Mr. Krishna Tandon, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2026 1. This is the Third 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. 357/2025 registered at Police Station Ambikapur, District Sarguja (C.G.), for the offences punishable under Section 318(4) R/w Section 3(5), 319(2), 111(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(C) of the Information Technology Act. 2. The first bail application of the present applicant was dismissed as withdrawn vide order dated 21.08.2025 passed in MCRC No. 4700 of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.19 17:36:04 +0530 2 2025. The second bail application of the applicant was rejected on merits vide order dated 24.11.2025 passed in MCRC No. 9463 of 2025 by this Court. 3. As per the prosecution story in brief, a report was received from the Additional Superintendent of Police / Nodal OfÏcer, Cyber Cell, Surguja, revealing that certain Point-of-Sale (POS) agents were fraudulently issuing mobile numbers. During the inquiry, it was found that accused Lal Bahadur Sarthi @ Burju and Tejbal Das, in the year 2024, had obtained SIM cards of Idea, Jio, and Airtel in the names of villagers of Parsa and used those documents to open multiple bank accounts in various banks at Ambikapur. They retained the passbooks, SIM cards, ATM cards, and cheque books in their possession for misuse. Based on the said report, Crime No. 357/2025 was registered under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita (BNS). During investigation, the victims stated that the applicant/accused Ravi Kashyap, along with Amleshwor Kumar Vaishnav and Gautam Singh, had taken their documents, opened bank accounts in their names, and thereafter handed over those accounts to the main accused, Lal Bahadur and Tejbal. On interrogation, the applicant allegedly admitted to participating in the conspiracy of opening bank accounts and conducting transactions through those accounts. Considering the nature of the financial fraud, criminal conspiracy, and misuse of the victims’ identities, Section 61(2) of the Bharatiya Nyaya Sanhita was also added, and the applicant was arrested. 4. Learned counsel for the applicant submits that this is the third bail application on behalf of the applicant. The first bail application was dismissed as withdrawn vide order dated 21.08.2025 passed in MCRC No. 4700 of 2025. The second bail application was rejected on merits 3 vide order dated 24.11.2025 passed in MCRC No. 9463 of 2025 by this Court. He further submits that out of 20 prosecution witnesses, two witnesses have already been examined and have turned hostile. The applicant has no criminal antecedents and has been in custody since 30.05.2025. As the conclusion of the trial is likely to take some time, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 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, that the first bail application was dismissed as withdrawn and the second bail application was rejected on merits by this Court, the present bail application has been filed on the ground that out of 20 prosecution witnesses, only two have been examined and both have turned hostile. Moreover, considering that the applicant has no criminal antecedents and has been in custody since 30.05.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant – Ravi Kumar Kashyap, involved in Crime No. 357/2025 registered at Police Station Ambikapur, District Sarguja (C.G.), for the offences punishable under Section 318(4) R/w Section 3(5), 319(2), 111(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 66(C) of the Information Technology Act, be released on bail on his 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 4 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 his 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 his, 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 9. OfÏce 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 Abhishek