1 2026:CGHC:24405 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5073 of 2026 • Ayush Sinha @ Deep S/o Late Tribhuvan Sinha Aged About 35 Years Occupation- Business, R/o Mohalla, Sattipara, P.S. And Tahsil Ambikapur, District Surguja (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Gandhinagar, Ambikapur, District- Surguja Ambikapur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Shakti Raj Sinha, Advocate For Respondent(s) : Dr. Sourabh Kumar Pande, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2026 1. This is the first 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.05/2026 registered at Police Station – Gandhi Nagar, Ambikapur District - Surguja, (C.G.) for the offence punishable under Sections 317(4), 318(4), 111 and 3(5) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on receiving instructions from the office of Nodal Officer, Cyber Cell, District Surguja, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.18 17:38:14 +0530 2 Chhattisgarh, through a letter dated 29.08.2025, regarding taking legal action against the Point of Sales (POS) issuing fake mobile numbers and the mule account used in cyber fraud, on the basis of the written complaint of the informant Inspector Pradeep Jaiswal on behalf of the government, a named FIR was registered against the holder of account number 68026352482, applicant and investigation was carried out. During the investigation, after questioning the account holder, on the basis of his memorandum, Co- accused persons namely Harshvardhan Korram and Satyam Keshari were taken into custody and on the basis of their memorandum, other co- accused persons were arrested. Hence, this bail application. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 17.02.2026. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He further submitted that the similarly situated co-accused persons, namely, Amit Mishra @ Pahlu, Satyam Keshari and Ujjwal Upadhyay have already been granted regular bail by this Court in MCRC No.4138 of 2026, 06.09.2026 and 13.05.2026 respectively and as such, on the ground of parity, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application. He further submits that applicant has total twelve criminal antecedent and details of the same are mentioned in the bail application at paragraph No.4(a) but he could not disputed the fact that three co-accused persons, namely, Amit Mishra @ Pahlu, Satyam Keshari and Ujjwal Upadhyay 3 have already been granted regular bail by this Court in MCRC No.4138 of 2026, 06.09.2026 and 13.05.2026 respectively. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant, the fact that the conclusion of the trial may take some time and further that one of the co-accused persons, namely, Amit Mishra @ Pahlu, Satyam Keshari and Ujjwal Upadhyay have already been granted regular bail by this Court in MCRC No.4138 of 2026, 06.09.2026 and 13.05.2026 respectively, 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. Let the Applicant- Ayush Sinha @ Deep involved in Crime No.05/2026 registered at Police Station – Gandhi Nagar, Ambikapur District - Surguja, (C.G.) for the offence punishable under Sections 317(4), 318(4), 111 and 3(5) of Bhartiya Nyay Sanhita, 2023, be released on bail on their furnishing a 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. 4 (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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali