1 2026:CGHC:10792 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2041 of 2026 Dipanshu Sahu S/o Shri Devi Prasad Sahu Aged About 20 Years R/o Kargiroad Kota, Tahsil And Police Station - Kota, District - Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Kota, District - Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Chandrikaditya Pandey, Advocate. For Respondent(s) : Ms. Anusha Jain, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/03/2026 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. 645/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Kota, District - Bilaspur (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS and Section 66(C) of Information Technology Act. 2. Case of the prosecution, in brief, is that on 24.06.2025, the complainant Karim Mohammad lodged a report at Police Station Kota, District Bilaspur (C.G.), alleging that the POS agent of Dwarika Mobile Shop had misused his documents to fraudulently issue a SIM card No. 7024161758 of Airtel in his name. It was further alleged that the said SIM card was being used for committing offences and earning money illegally. On the basis of the report, Crime No. 645/2025 was registered under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(C) of the Information Technology Act, 2000. During investigation, co- accused Dwarika Sahu was taken into custody and, on the basis of his memorandum, the present applicant—who was already in jail in another case since 25.02.2025—was formally arrested on 09.07.2025 from Central Jail, Bilaspur. After seizure of articles and recording of statements, charge-sheet has been filed before the learned Judicial Magistrate First Class, Kota, District Bilaspur, where Criminal Case No. 2251/2025 is pending trial. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the FIR itself reflects 3 that the offence was reported on 24.06.2025 only against the POS agent of Dwarika Mobile Shop, and the present applicant was neither named therein nor connected with the alleged act at that stage. The applicant, who has been in judicial custody since 25.02.2025 in another case, was formally arrested in the present matter on 09.07.2025 from Central Jail, Bilaspur, without any direct allegation in the FIR. It is further submitted that no memorandum or confessional statement of the co-accused was recorded prior to implicating the applicant, and his arrest in such circumstances creates serious doubt regarding the fairness of the investigation. The applicant has four criminal antecedents of the year 2025 and in all the said four cases, the applicant is on bail, in two cases, the applicant has been granted by this Court, further the 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. She further submits that the present applicant allegedly in connivance with the co-accused, obtained and misused the identity documents of the complainant, Karim Mohammad, and fraudulently procured a SIM card in his name. The said SIM card was allegedly used for committing acts of cheating and for obtaining unlawful financial gain, hence the applicant is prima facie accused of forgery, cheating, and criminal 4 breach of trust, and of deriving illegal monetary benefit from such unlawful activities. She also submits that bail application of co- accused, namely, Dwarika Sahu, has already been rejected by this Court vide order dated 29.08.2025 in MCRC No.6798 of 2025. So far as criminal antecedents of the applicant are concerned, the applicant has four criminal antecedents of the year 2025. 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. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 25.02.2025 (though in the present case, the applicant was arrested on 09.07.2025), further considering the fact that the allegation against present applicant is that he in connivance with the co-accused, obtained and misused the identity documents of the complainant, Karim Mohammad, and fraudulently procured a SIM card in his name, the said SIM card was allegedly used for committing acts of cheating and for obtaining unlawful financial gain, whereas the allegation against co-accused, Dwarika Sahu, whose bail application has already been rejected by this Court, is that he being a POS agent of Dwarika Mobile Shop, has directly misused the complainant’s identity documents and fraudulently issued the SIM card. As such, the role of said co-accused is primary & operational, and the case of present applicant is 5 distinguishable from that of the said co-accused, also considering the criminal antecedents of the applicant and the fact that 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-Dipanshu Sahu, involved in Crime No. 645/2025 registered at Police Station Kota, District - Bilaspur (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS and Section 66(C) of Information Technology Act, 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 6 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. 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