1 2026:CGHC:21665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4314 of 2026 Amar S/o Subhash Chander Aged About 32 Years R/o Behind Tehsil, Bhuna, Shyamvihar Colony, Bhuna 63, District- Fatehabad, Haryana ... Applicant versus State of Chhattisgarh Through Police Station- Deen Dayal Nagar, Dist.- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Anmol Gupta, Advocate. For Non-applicant/State : Dr. Sourabh K. Pande, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2026 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. 112/2026, registered at Police Station – Deen Dayal Nagar, District – Raipur (C.G.) for the offence punishable under Sections 318(2), 61(2) of the BNS, and Section 66 of Information Technology Act and Section 10(1) of Public Examination (Prevention of Unfair Means) Act, 2024. 2. The prosecution case, in brief, is that, on 14.02.2026, the police received secret information that the present applicant, along with other co- accused persons, was using transmission devices and other technical ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.08 19:01:41 +0530 2 instruments to facilitate cheating in the GATE examination conducted at ION Digital Zone through fraudulent means and in violation of the anti- cheating laws, thereby constituting an act of criminal conspiracy. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 14.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. It is further submitted that a Bluetooth device has also been seized from the possession of the applicant; therefore, he is not entitled to the grant of bail. 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 criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 14.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Amar, involved in Crime No. 112/2026, registered at Police Station – Deen Dayal Nagar, District – Raipur (C.G.) for the offence punishable under Sections 318(2), 61(2) of the BNS, and Section 66 of Information Technology Act and Section 10(1) of Public 3 Examination (Prevention of Unfair Means) Act, 2024, 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 sufÏcient 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 4 or without sufÏcient 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. OfÏce 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 Abhishek