1 2026:CGHC:21682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4343 of 2026 Prashant S/o Late Janak Singh Aged About 23 Years R/o Dutta Colony Ambikapur P.S. Gandhinagar Ambikapur District- Sarguja (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer Police Station Balrampur District- Balrampur- Ramanujganj (C.G.) ... Non-Applicant For Applicant : Mr. Harsh Verma, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2026 1. This is the first 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. 40/2025 registered at Police Station – Balrampur, District – Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 318(4), 317(2), 317(4), 317(5) and 61(2)(A) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution is that, by a letter issued by the Superintendent of Police, Balrampur, to Police Station Balrampur, District Balrampur–Ramanujganj (C.G.), information was conveyed regarding the opening of mule accounts in certain commercial banks in the names of different persons. The aforesaid bank accounts were inquired into through PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.08 19:39:54 +0530 2 the Cyber Crime Coordination Centre portal under the Ministry of Home Affairs, Government of India. During the said inquiry conducted by the Cyber Cell, it was found that within the jurisdiction of Police Station Balrampur, an account bearing No. 1427018440898043 in Utkarsh Small Finance Bank, Branch Balrampur, held in the name of Shoaib Khan, along with his associates, was allegedly used as a mule account. It is alleged that the account holders entered into a criminal conspiracy and derived monetary benefits. It is further alleged that the aforesaid accounts were used as mule accounts for transferring, withdrawing, and laundering the proceeds of cyber crime. Upon investigation, it was found that such accounts were held in the names of multiple individuals, including the present applicant, along with other co-accused persons. The Cyber Crime Coordination Centre portal reflected a total fraud amount of Rs. 8,22,146/- in relation to the illegal transactions carried out through the said mule accounts. 3. On the basis of the said information, Police Station Balrampur, District Balrampur–Ramanujganj (C.G.), registered an FIR against Shoaib Khan, and during the course of investigation, other co-accused persons, including the present applicant, were implicated on the basis of memoranda of co-accused persons. The present applicant does not hold any such mule account. However, it is alleged by the complainant that the applicant, along with other co-accused persons, committed the offence of cheating through transactions in other accounts. Accordingly, the police registered an offence punishable under Sections 317(2), 317(4), 317(5), 318(4), 61(2)(a) of the B.N.S. against the applicant along with other accused persons in Crime No. 40/2025, on the basis of the complainant’s report. Hence, it is alleged that the applicant has committed the offence of cheating. 3 4. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that the other co-accused namely Sukhdev Sahu in MCRC No. 3709/2026, Abhishek Jaiswal in MCRC No. 3251/2026, Rajesh Sonkar in MCRC No. 3567/2026 has been granted bail by this Court, furthermore, one of the co-accused namely Nitish Puri in SLP No. 16083/2025 vide order dated 16.02.2025 has been granted bail by Hon'ble Supreme Court. Copy of the bail orders are being filed as Annexure A-3.(Colly). He also submits that the applicant has one previous criminal antecedents in which he has been acquitted by the trial Court, the charge-sheet has been filed and the applicant is in jail since 23.04.2025. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 5. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. 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 other co-accused namely Sukhdev Sahu in MCRC No. 3709/2026, Abhishek Jaiswal in MCRC No. 3251/2026, Rajesh Sonkar in MCRC No. 3567/2026 has been granted bail by this Court, furthermore, one of the co-accused namely Nitish Puri in SLP No. 16083/2025 vide order dated 16.02.2025 has been granted bail by Hon'ble Supreme Court, also considering the fact that the applicant has one previous criminal antecedents in which he has been acquitted by the trial Court, the charge - sheet has already been submitted in the present case before the competent Court and the applicant has been in jail since 23.04.2025 and conclusion of the trial may takes some more time. Therefore, this Court is 4 of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 8. Let the Bail of the Applicant – Prashant, involved in Crime No. 40/2025 registered at Police Station – Balrampur, District – Balrampur- Ramanujganj (C.G.), for the offence punishable under Sections 318(4), 317(2), 317(4), 317(5) and 61(2)(A) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 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 5 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 concerned for necessary information and compliance forthwith. - Sd/-- (Ramesh Sinha) Chief Justice Preeti