1 2026:CGHC:10030 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10058 of 2025 • Suraj Kumar S/o Murli Dhar Aged About 29 Years R/o Nehru Bhawan Road, Supela, Bhilai, District Durg C.G. ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Vaishali Nagar, District Durg C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Jitnedra Gupta, Advocate For Respondent/State : Mr. Shaleen Singh Baghel, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.02.2026 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. 86/2025, registered at Police Station – Vaishali Nagar, District – Durg (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A) of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.28 10:27:48 +0530 2 2. The case of the prosecution, is that the Government of India has established the “Cyber Crime Reporting Portal” and the “1930 Helpline Number" for the prevention of cyber offences, through which victims can report incidents of cyber fraud. Based on the information received through this system, it came to light that a total of 111 bank accounts were opened in Canara Bank Vaishali Nagar, Durg, District Durg (C.G.), which were being used for receiving proceeds of cyber fraud. On the basis of this information and as per the directions issued by the Police, Crime No. 86/2025 under Sections 317(2), 317(4), 318(4), 61(2) (A) of the BNS was registered at Police Station Vaishali Nagar against the said 111 bank account holders, and the investigation of the case was entrusted to the Range Cyber Police Station. These bank accounts have been identified as "mule accounts," which were allegedly used by cyber criminals for transferring fraudulently obtained money. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further argued that applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above. He also submits that the evidence collected by the prosecution are also not prima facie sufficient to hold the applicant guilty of the aforesaid offences. It is further submitted that the charge-sheet has been filed in this case and the applicant is in jail since 01.06.2025 and trial is likely to take quite long time for its conclusion, therefore, he 3 prays for grant of bail. 4. On the other hand, 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 bail application of two other co-accused persons have already been rejected by this Court in MCRC No.6335 of 2025 and MCRC No.6240 of 2025 vide orders dated 10.09.2025 and 11.08.2025 respectively and in compliance with the order dated 09.12.2025 of this Court, the Investigating Officer Shri Murlidhar Kashyap has filed his personal affidavit and the relevant paragraphs as under:- “4.That, during the investigation the police recorded the statement of the complainant and witnesses. The Police recorded the memorandum statement of the applicant Suraj Kumar in which he stated that his friend Kunal Soni told that he needs Bank account in which he has to make some transactions. Accused Kunal Soni told that he will give him Rs. 3,000/- for providing account holder. Thereafter, the applicant met him with his friend Gopal Nirmalkar, who opened the account and handed over Pass Book and ATM to Kunal Soni and Kunal Soni gave amount of Rs. 2000/- to Gopal Nirmalkar. The Police also recorded the statement the Gopal Nirmalkar, who has stated that his friend Suraj met him with Gopal Nirmalkar and he handed over the Passbook and ATM after opening the account, for which he received Rs. 2000/-.” 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the 4 case, nature and gravity of allegation levelled against the applicant and the fact that there is no criminal antecedents registered against the present applicant, considering the fact that only Rs 2,000/- has been deposited in the applicant's bank account, charge-sheet has been filed against the applicant, the applicant is in jail since 01.06.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Suraj Kumar, involved in Crime No.86/2025, registered at Police Station – Vaishali Nagar, District – Durg (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A) of the Bharatiya Nyaya Sanhita, 2023 (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 5 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 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 vaishali