1 2026:CGHC:13773 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1123 of 2026 1 - Arvind Kumar S/o Shri Deepak Choudhary Aged About 25 Years R/o Bangali Colony, Gali No. 03, Chhatauni, Police Station- Chhatauni, District- East Champaran, Bihar. 2 - Vidya Kumar S/o Shri Rajendra Sahni Aged About 23 Years R/o Ward No. 12, Near Shiv Mandir, Jaukatiya, Police Station- Majhauliya, Jabkatiya, West Champaran, Bihar. ... Applicant(s) versus 1 - State of Chhattisgarh Through - The Station House Officer, Police Station- Kirandul, Dantewada, District- Dantewara (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. P.K.Patel, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.03.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.87/2023, registered at Police Station – Kirandul District - Dantewada (C.G.) for the offence punishable under Sections 318(4), of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(D) of the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.25 10:17:34 +0530 2 I.T. Act. 2. The case of the prosecution, is that the complainant namely Pradeep Kumar Khaparde S/o. Shri S.R. Khaparde, R/o. Nehru Colony, Qtr No. 02/65, Kirdandul, Police Station Kirandul, District Dantewada, had submitted written report in Police Station Kirandul District Dantewada, alleging therein that the accused persons had committed online cheat/fraud and obtained Rs.50,00,000/- from the complainant. Based on the report of the complainant, the Police Station Kirandul has lodged the report against Sandip Khare, Sachin Sahu, Arvind Kumar, Vidya Kumar, Kunal Trivedi, Sahil, Govind Kumar Yadav, Lalit Kumar for the offence punishable Under Section 420 of the Indian penal Code, 1860 {Section 318(4) of the Bharatiya Nyay Sanhita, 2023}. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and applicant is in jail since 22.12.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail to the applicants. 4. On the other hand, the 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 and in compliance of this Court’s order dated 03.02.2026, The Investigating Officer has filed his personal affidavit in the present matter, and the relevant paragraphs thereof are as follows: 3 “5.That on interrogation, the account holder, Nitesh Kumar, son of Vaidhyanath Sah, aged about 23 years, stated in his statement that his friend Arvind (Applicant No. 1), who is engaged in certain online transaction- related work, had asked him to provide and allow the use of his bank account in lieu of payment of money, and accordingly, he had handed over his bank account to Arvind Kumar. For the purpose of verification of the said statement, Arvind Kumar (Applicant 1), son of Deepak Chaudhary, aged about 25 years, resident of Bangali Colony, Gali No. 03, Chhatauni, Police Station Chhatauni, District East Champaran, Bihar, was interrogated wherein he stated that in connivance with his associate Vidya Sahni (Applicant 2), he collected bank accounts from various persons for the purpose of receiving proceeds of online cyber fraud. 6.During interrogation, it was revealed that Applicant No. 1 Arvind Kumar used to obtain bank accounts from individuals and receive cyber fraud money through such accounts, and that he had similarly obtained the bank account of Nitesh Kumar bearing Account No. 12290100030472 along with complete account details and documents for the said purpose. Upon such disclosure, the memorandum statement of applicant Arvind Kumar was recorded in the presence of witnesses. Further, upon production by Arvind Kumar, one Vivo mobile phone, cash amounting to 550/-, and ₹ the ATM card of Nitesh Kumar were seized and taken into police custody in accordance with law. 7.Upon interrogation of Applicant No. 2 Vidya Kumar, son of Rajendra Sahni, aged about 23 years, resident of Ward No. 12, near Shiv Mandir, Jaukatia, Police Station Majhaulia, Jaukatia, District West Champaran, Bihar, he stated that he, in connivance with Applicant No. 1 Arvind Kumar, had committed cyber fraud. His memorandum statement was accordingly recorded, wherein he disclosed that the bank account of Nitesh Kumar bearing Account No. 12290100030472 was used 4 for receiving the proceeds of cyber fraud and that the amount obtained through cyber fraud was subsequently spent by them. Further, upon production by him, one PAN card belonging to him and cash amounting to 1,050/- were seized in the presence. ₹ Both the applicants were duly arrested on 22.12.2025. Thereafter, on 23.12.2025, they were produced before the learned Chief Judicial Magistrate, East Champaran, Bihar, and transit remand was obtained till 26.12.2025. Subsequently, they were produced before the learned Court at Bacheli, where judicial remand was obtained. 8.That, the bank statement of the account of Nitesh Kumar bearing Account No. 12290100030472 would reveal that since the opening of account, a sum of Rs. 2,29,015/- has been deposited.” 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 case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant and as per the affidavit filed by the Investigating officer wherein it transpires that from the possession of applicant No.1 namely Arvind Kumar only one Vivo mobile phone and cash amounting to 550/-, and the ATM card of Nitesh Kumar were seized ₹ and from applicant No.2 namely Vidya Kumar, one PAN card and cash amounting to ₹1,050/- were seized from the separate possession, charge-sheet has been filed against the applicant, the applicants are in jail since 22.12.2025 and conclusion of the trial is likely to take some time, considering the detention period of the applicants I am inclined to allow this application of the applicants. 7. 7. Let applicant No.1 Arvind Kumar and applicant No.2 Vidya Kumar 5 involved in Crime No.87/2023, registered at Police Station – Kirandul District - Dantewada (C.G.) for the offence punishable under Sections 318(4), of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66(D) of the I.T. 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 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. 6 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