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2026 DAILYLAW 22857 (CHH)

ANURAG SHARMA v. STATE OF CHHATTISGARH

MCRC/5481/2026 · 2026-06-22

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Judgment text

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1 2026:CGHC:25635 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5481 of 2026 Anurag Sharma S/o Arun Sharma Aged About 28 Years R/o Ward No. 12, V.T.C. Colony, Charcha, Police Station Charcha, Distt. Koriya (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Baikunthpur, Distt. Koriya (C.G.) ... Respondent(s) For Applicant(s) : Mr. Awadh Tripathi, Advocate. For Respondent(s) : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2026 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. 218/2025 registered at Police Station Baikunthpur, Distt. Koriya (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 111, 317(2), 317(4), 317(5) of BNS. 2. Case of the prosecution, in brief, is that on a letter received from the office of the Inspector General of Police, SIV/CCTNS/Cyber Crime, Police Headquarters, Nava Raipur, Chhattisgarh, directing legal action against the listed account holders of mule accounts at Axis Bank, ICICI Bank, and UCO Bank, Baikunthpur branch- whose accounts were used for cyber fraud-the Police Station Baikunthpur registered Crime No. 218/2025 against the applicant/accused Anurag Sharma and 14 other account holders. After completion of the investigation, a charge sheet has been filed for offences punishable under Sections 111, 317(2), 317(4), and 317(5) of the Bharatiya Nyaya Sanhita (BNS). In the said case, the accused/applicant Anurag Sharma was arrested on 25.07.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 28.02.2026, therefore this second bail application is filed on the ground that the applicant is in jail since 25.07.2026, despite the lapse of a considerable period, none of the prosecution witnesses have been examined by the learned trial Court till date, the conclusion of the trial is likely to take considerable time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in 3 the present case. She further submits that the applicant was one of the account holders whose bank account was allegedly used as a mule account for facilitating cyber fraud transactions. It is alleged that the applicant, along with other co-accused persons, was involved in permitting the use of his bank account for the transfer and routing of proceeds obtained through cyber fraud, therefore, the the applicant is not entitled for grant of bail. 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 28.02.2026 in MCRC No. 974 of 2026 on the ground that applicant’s involvement was found in an organized cyber-financial fraud causing substantial monetary loss and public harm, and the fact that the bail application of the similarly placed co-accused had already been rejected, but considering the fact that the applicant is in jail since 25.07.2026, despite the lapse of a considerable period, none of the prosecution witnesses have been examined by the learned trial Court till date, further the applicant has no criminal antecedent and charge-sheet has already been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 4 8. Let the Applicant-Anurag Sharma, involved in Crime No. 218/2025 registered at Police Station Baikunthpur, Distt. Koriya (C.G.) for the offence punishable under Sections 111, 317(2), 317(4), 317(5) of BNS, be released on bail on his 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. (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 5 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. 9. 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 Akhil