1 2026:CGHC:8864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1642 of 2026 Upendra Kumar Singh S/o Purendra Kumar Singh Aged About 26 Years R/o Kadma Road, 06/07, Cross Road, House No. 03, Police Station Sonari, Distt. Jamshedpur Jharkhand ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Old Bhilai, District Durg Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Vipin Tiwari, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/02/2026 1. This is the second 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. 110/2025 registered at Police Station Old Bhilai, District Durg (C.G.) for the offence punishable under 2 Sections 318(4), 336(3), 338, 340(2), 61 of BNS and Section 66(D) of IT Act. 2. Case of the prosecution, in brief, is that on 20.03.2025 the complainant, Durgesh Singh, lodged a report at Police Station Old Bhilai, District Durg (C.G.), stating that on 12.03.2025 he received a message on his Telegram account (No. 9039446549) from an unknown person, namely Chaya P (User ID @Telpa5409), offering a work-from-home job of giving reviews and ratings to products with an assurance of earning Rs. 800/- to Rs. 1,200/- per day without any joining fee. The complainant registered himself through a provided link with a company named “Global” and initially received Rs. 10,000/- as bonus and Rs. 5,000/- after completing assigned tasks. However, for withdrawal of the said amount, he was directed to deposit various sums including Rs. 21,444/-, Rs. 35,000/-, Rs. 15,000/-, Rs. 50,000/-, Rs. 36,422/- and subsequently Rs. 1,55,995/-, which he deposited from his and his wife’s accounts into different accounts as instructed. In total, he deposited Rs. 3,13,444/-. Thereafter, he was again asked to deposit Rs. 5,00,000/-, upon which he realized the fraud and lodged the complaint. On the basis of the said report, Crime No. 110/2025 was registered for the offences punishable under Section 318(4) of the Bharatiya Nagarik Suraksha Sanhita and Section 66(D) of the Information Technology Act. The present applicant was arrested on 22.03.2025, and after completion of investigation, charge-sheet has been filed under Sections 318(4), 3 336(3), 338, 340(2) of the Bharatiya Nagarik Suraksha Sanhita and Section 66(D) of the Information Technology Act. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 31.07.2025 in MCRC No. 5213 of 2025, therefore this second bail application is filed on the ground that one co-accused, namely, Narendra Kumar @ Tinku has already been granted bail by this Court vide order dated 31.01.2026 in MCRC No.9962 of 2025 on the ground that parties have amicably entered into a compromise, and the entire money/amount in question has already been refunded to the complainant. The applicant is in jail since 22.03.2025, the applicant has six criminal antecedents, out of which, in two cases, applicant has already been acquitted and four cases are still pending, further charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant was actively involved in a cyber fraud conspiracy whereby he provided his own bank account and registered SIM cards, and also arranged bank accounts and SIMs of other persons, to co- accused for the purpose of receiving and routing cheated 4 amounts obtained from victims through a fake work-from-home scheme. It is alleged that he facilitated the transfer of defrauded money, received commission from such transactions, further the applicant has six criminal antecedents, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 31.07.2025 in MCRC No. 5213 of 2025 on the ground that the applicant allegedly involved in a cyber fraud conspiracy whereby he provided his own bank account and registered SIM cards, and also arranged bank accounts and SIMs of other persons, to co- accused for the purpose of receiving and routing cheated amounts obtained from victims through a fake work-from-home scheme, but considering the fact that the parties have amicably entered into a compromise, and the entire money/amount in question has already been refunded to the complainant, and on the same ground one co-accused, namely, Narendra Kumar @ Tinku has been granted bail by this Court vide order dated 31.01.2026 in MCRC No.9962 of 2025, also considering the criminal antecedents of the applicant, which are six in number, out of which, in two cases applicant has been acquitted and rest of 5 the four cases are pending. Furthermore, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Upendra Kumar Singh, involved in Crime No. 110/2025 registered at Police Station Old Bhilai, District Durg (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61 of BNS and Section 66(D) of IT Act, be released on bail on his furnishing a personal bond with two local 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 6 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. 9. 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 Akhil