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2026:CGHC:21403
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4252 of 2026 Rajesh Mandhani S/o Ram Mandhani Aged About 37 Years R/o Shivanand Nagar, Sector -2 Mandhani Niwas, Khamtarai, Raipur, District- Raipur (C.G.)
... Applicant versus State of Chhattisgarh Through- Cyber Cell, Head Quarter, Raipur, District- Raipur (C.G.)
... Non-Applicant For Applicant : Mr. Kalesh Ram Ratre, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 07.05.2026
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. 129/2025 registered at Police Station Cyber Cell, Head Quarter, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of BNS.
2. Case of the prosecution, in brief, is that the Government of India has established a Cyber Crime Reporting Portal for prevention and reporting of cyber frauds. Based on information received through this portal, it was revealed that a total of 128 bank accounts were opened in Bank of Maharashtra, Raipur branch, which were allegedly being PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.08 12:57:09 +0530
2 used to receive money obtained through cyber fraud. On the basis of this information and directions issued by the Police Headquarters, Police Station Civil Lines, Raipur registered Crime No. 129/2025 under Sections 317(2), 317(4), 317(5), 111, 3(5) of the B.N.S. 2023 against the account holders. Thereafter, the matter was transferred to the Range Cyber Police Station, Raipur for investigation. During the course of investigation, these bank accounts were identified as “mule accounts,” which were allegedly used by cyber criminals to transfer and receive defrauded money. Hence, the bail application.
3.
Learned counsel for the applicant submits that the first bail application of the applicant was rejected on merits by this Court vide order dated 31.10.2025 passed in MCRC No.8661 of 2025, thereafter, the applicant has preferred present second bail application on the ground that the Hon’ble Supreme Court in Criminal Appeal No.4494/2025 arising out of SLP (Crl.) No.13678/2025, has granted regular bail to one of the co-accused, namely, Ishika Singh, and thereafter on the ground of parity two of the co-accused persons, namely, Avinash Tandekar, Krishna Ghodesawar and Jayant Ghosh have been granted bail by this Court vide orders dated 08.01.2026, 28.01.2026 and 15.04.2026 passed in MCRC Nos.148 of 2026, 902 of 2026 and 3319/2026, respectively, therefore, he prays that the present applicant is also entitled to be released on bail on the ground of parity. 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 applicant along with co-accused persons, was involved in organized cyber fraud and facilitated the diversion and
3 circulation of proceeds of crime by opening and using multiple banks accounts, but could not dispute the fact that co-accused, Ishika Singh has already been granted bail by the Hon’be Supreme Court in Criminal Appeal No.4494/2025 arising out of SLP (Crl.) No.13678/2025. 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 31.10.2025 in MCRC No. 8661 of 2025 on merits, but considering the fact that the Hon’ble Supreme Court in Criminal Appeal No.4494/2025 arising out of SLP (Crl.) No.13678/2025, has granted regular bail to one of the co-accused, namely, Ishika Singh and thereafter, on the ground of parity two co-accused, namely, Avinash Tandekar, Krishna Ghodesawar and Jayant Ghosh have been granted bail by this Court vide orders dated 08.01.2026, 28.01.2026 and 15.04.2026 passed in MCRC Nos.148 of 2026, 902 of 2026 and 3319/2026, respectively further charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed.
7. Accordingly, the bail application is allowed. Let the Applicant - Rajesh Mandhani, involved in Crime No. 129/2025 registered at Police Station Cyber Cell, Head Quarter, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of BNS, be released on bail on his furnishing a personal bond with
4 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 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 for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Preeti