1 2026:CGHC:24491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2967 of 2026 Balram Shriwas S/o Shri Purshottam Shriwas Aged About 30 Years Occupation Barber, R/o Village Kikirda, P.S. Birra, District- Sakti (C.G.) --- Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Shivrinarayan, District- Janjgir- Champa (C.G.) --- Non-Applicant MCRC No. 4455 of 2026 Harihar Prasad Kamle S/o Dhaneswer Kamle Aged About 32 Years R/o Mahavir Ward, Tiwari Para, P.S. Shivrinarayan, District Janjgir-Champa Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S. Shivrinarayan, District Janjgir-Champa, Chhattisgarh --- Non-Applicant MCRC No. 3898 of 2026 Mohammad Afzal S/o- Haridar, Aged About 40 Years R/o- Rajanager, Police Station- Jamodiya, District- Wardhman (West Bengal) ---Applicant Versus State of Chhattisgarh Through Police Station- Shivrinarayan, District- Janjgir- Champa (C.G.) --- Non-Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.18 18:39:03 +0530 2 MCRC No. 3229 of 2026 Gandhi Sande S/o Nilkanth Sande Aged About 24 Years R/o Baderabeli, Police Station and Tahsil- Malkharauda, District- Sakti (C.G.) ---Applicant Versus State of Chhattisgarh Through- The Station House Officer, Police Station- Shivarinarayan, District- Janjgir-Champa (C.G.) --- Non-Applicant For Applicant (MCRC Nos. 2967/2026 and 4455/2026) : Mr. Uday Singh Bhadoriya, Advocate. For Applicant (MCRC No.3229/2026) : Mr. Vishvanath Prasad, Advocate. For Applicant (in MCRC No. 3898/2026) : Mr. Dhirendra Prasad Mishra, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 1. Since the above-mentioned four bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicants who have been arrested in connection with Crime No. 259/2025 registered at Police Station - Shivarinarayan, District- Janjgir-Champa for the offence punishable under Sections 317(2), 317(4), 317(5), 112(B), 318 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in MCRC Nos. 2967/2026 and 3229/2026) and under Sections 317(2), 317(4), 317(5), 111(2B) and 3(5) of Bharatiya Nyaya Sanhita, 2023(in MCRC Nos. 4455/2026) and Section 317(2), 317(4), 317(5), 111(2)(b), 238, 318 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, information was received through the Cyber 3 Crime Coordination Portal regarding certain bank accounts allegedly utilized for receiving the proceeds of cyber fraud. During the course of investigation, it has been alleged that an amount of Rs. 31,49,312/- was credited into 16 bank accounts maintained with Axis Bank, Shivrinayaran, which were purportedly used for routing funds obtained through cyber fraud. The investigation is stated to be ongoing, and the police have submitted a report seeking permission to file the charge-sheet against the arrested accused persons while continuing the investigation against other suspected individuals. 4. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the case. They also submitted that other co-accused persons have already been granted bail by this Court vide order dated 13.11.2025, 11.12.2025, 23.01.2026, 26.02.2026, 13.04.2026 passed in MCRC Nos. 7489/2025, 8911/2025, 9642/2025, 1168/2026, 1486/2026, 1710/2026, 2537/2026, 1960/2026, 2218/2026, 2079/2026, 2444/2026, respectively. Copies of the same has been explained in Annexure A/5 of this bail application. He further submits that the applicant, namely, Harihar Prasad Kamle and Balram Shriwas have no previous criminal antecedents, and applicant, namely, Gandhi Sande has two previous criminal antecedents and applicant, namley, Mohammad Afzal has one previous criminal antecedent which is disposed of, further the charge-sheet has been filed and they are in jail since 03.07.2025, 05.08.2025, 25.11.2025 and 26.09.2025, conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 5. On the other hand, the learned State counsel opposes the bail application of the applicants but could not dispute the fact that other co-accused persons have already been granted bail by this Court. He further submits 4 that applicants, namely, Mohammad Afzal and Harihar Prasad Kamle has one previous criminal antecedents, hence they are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicants and the fact that though the present applicants along with other co-accused persons involved in the said crime, but other co-accused persons have already been granted bail by this Courtvide order dated 13.11.2025, 11.12.2025, 23.01.2026, 26.02.2026, 13.04.2026 passed in MCRC Nos. 7489/2025, 8911/2025, 9642/2025, 1168/2026, 1486/2026, 1710/2026, 2537/2026, 1960/2026, 2218/2026, 2079/2026, 2444/2026, respectively, the charge-sheet has been filed and they are in jail since 03.07.2025, 05.08.2025, 25.11.2025 and 26.09.2025, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the applicants - Balram Shriwas (in MCRC No. 2967/2026), Gandhi Sande (in MCRC No. 3229/2026), Mohammad Afzal (in MCRC No.3898/2026) and Harihar Prasad Kamle (MCRC No. 4455/2026) involved in Crime No. 259/2025 registered at Police Station - Shivarinarayan, District- Janjgir-Champa for the offence punishable under Sections 317(2), 317(4), 317(5), 112(B), 318 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in MCRC Nos. 2967/2026 and 3229/2026) and under Sections 317(2), 317(4), 317(5), 111(2B) and 3(5) of Bharatiya Nyaya Sanhita, 2023(in MCRC Nos. 4455/2026) and Section 317(2), 317(4), 317(5), 111(2)(b), 238, 318 and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties each and two local 5 sureties (in MCRC No.3898/2026)in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants 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 applicants 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 applicants 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 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti