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2026 DAILYLAW 21400 (CHH)

NARAYAN KOSARIYA v. STATE OF CHHATTISGARH

MCRC/4000/2026 · 2026-06-15

body2026

Judgment text

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1 2026:CGHC:24022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4000 of 2026 Narayan Kosariya S/o Lt. Shivkumar Kosariya Aged About 36 Years R/o Krishna Nagar, Kota, Kabir Chowk, P.S.- Saraswati Nagar, District- Raipur, (C.G.) (As Per Correct Details) ... Applicant versus State of Chhattisgarh Through The Station House Officer of Police Station- Azad Chowk, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Sameer Rigri, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.06.2026 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. 283/2025 registered at Police Station Azad Chowk, Raipur, District Raipur (C.G.), for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, on the basis of information reported on the Cyber Crime Reporting Portal, Cyber Range Raipur received information that 17 bank accounts were opened with South Indian Bank, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.17 15:23:27 +0530 2 Raipur, bearing IFSC Code SIBL0000433, and the said accounts were being used to receive money obtained through cyber fraud. Thereafter, the Police Headquarters, Raipur, forwarded a letter directing necessary action in the said matter, pursuant to which Police Station Azad Chowk registered an FIR bearing Crime No. 283/2025 against the account holders of South Indian Bank under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the B.N.S. During investigation, it was found that a total amount of Rs. 2,11,10,263/- had been deposited in the account of co- accused Santosh Kumar bearing Account No. 0433053000007320. As per the memorandum statement of the co-accused Santosh Kumar, it has been alleged that the present applicant had taken the bank account of the co-accused for committing cyber fraud. On the basis of the aforesaid prosecution story, an FIR was lodged against the present applicant and other co-accused persons for the offences punishable under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the B.N.S. in connection with Crime No. 283/2025 registered at Police Station Azad Chowk, District Raipur (C.G.). 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that the entire allegations made against the applicant are false and fabricated, as the applicant has neither transferred nor fraudulently received any amount in his account, nor has he played any role in connection with the present crime. He also submits that merely on the basis of suspicion, the present applicant has been falsely implicated in connection with the present crime without any sufficient reason and without any material available on record. He submits that the applicant has no criminal antecedents. He further submits that other co-accused persons, namely, Bhikhu Sachdew in MCRC No. 613 of 2026, Harshit 3 Sharma in MCRC No. 1275 of 2026 and Gaj Singh Suna in MCRC No. 1086 of 2026 have already been granted regular bail by this Court in a bunch case vide order dated 26.02.2026. Therefore, he submits that the present applicant is also entitled to be released on regular bail on the ground of parity. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the co-accused persons namely, Bhikhu Sachdew in MCRC No. 613 of 2026, Harshit Sharma in MCRC No. 1275 of 2026 and Gaj Singh Suna in MCRC No. 1086 of 2026 have already been granted regular bail by this Court in a bunch case vide order dated 26.02.2026. Also considering the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 21.12.2025 and the conclusion of the trial may take some more time. Therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Narayan Kosariya, involved in Crime No. 283/2025 registered at Police Station Azad Chowk, Raipur, District Raipur (C.G.), for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek