1 2026:CGHC:26296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5565 of 2026 Kamleshwar S/o Preetpal Aged About 27 Years Caste Gond Resident of Jaliyadaand, Police Station – Baikunthpur, District- Koriya (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station Baikunthpur, District- Koriya (C.G.) ... Non-Applicant For Applicant : Mr. Sunil Verma, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/06/2026 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, District - Koriya (C.G.) for the offence punishable under Sections 111, 317(2), 317(4), 317(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the case record, the present matter pertains to a mule bank account. The allegation against the applicant is that amounts obtained through online fraud and cheating from different States were credited to his Axis Bank account bearing No. 924010061880931, maintained at Axis Bank, Baikunthpur Branch. It is alleged that the applicant knowingly PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.30 13:17:05 +0530 2 provided his bank account to the members of the concerned gang/offenders for facilitating online fraudulent activities with the intention of earning illegal financial gain. The case diary further contains information furnished by Axis Bank, Baikunthpur Branch, which reveals that a total sum of Rs.2,22,871/- was credited to the aforesaid bank account of the applicant, out of which Rs.2,22,419/- was subsequently debited, and an amount of Rs.21,274/- has been frozen. On the basis of the said allegations and the material collected during the course of investigation, Police Station Baikunthpur, District Koriya, has registered the present case against the applicant for offences punishable under Sections 111, 317(2), 317(4), and 317(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the first bail application filed by the applicant was dismissed on merits by this Court vide order dated 28.04.2026. It is submitted that the present second bail application has been filed on the ground that the applicant has remained in judicial custody since 07.08.2025. It is further submitted that the second bail application of the similarly situated co-accused, namely, Anurag Sharma, has been allowed by this Court vide order dated 23.06.2026 passed in MCRC No. 5481/2026. Learned counsel further submits that the applicant has no previous criminal antecedents. On these grounds, it is prayed that the applicant be enlarged on regular bail on the principle of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in 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 3 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 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 a perusal of the record, it transpires that this is the second bail application filed by the applicant. The first bail application was dismissed on merits by this Court vide order dated 28.04.2026 passed in MCRC No. 2753 of 2026, primarily on the ground that the applicant's involvement was found in an organized cyber-financial fraud causing substantial monetary loss and public harm. However, it is evident that the applicant has remained in judicial custody since 07.08.2025. It is also not in dispute that the second bail application of the similarly situated co-accused, namely, Anurag Sharma, has been allowed by this Court vide order dated 23.06.2026 passed in MCRC No. 5481/2026. Further, the applicant has no previous criminal antecedents. Considering the aforesaid facts and circumstances, particularly the prolonged period of incarceration, the grant of bail to the similarly situated co-accused on the principle of parity, and the absence of any criminal antecedents of the applicant, this Court is of the considered opinion that the applicant has made out a case for grant of regular bail. Accordingly, the applicant is entitled to be released on bail on the ground of parity. 7. Accordingly, the application is allowed. 8. Let the Applicant- Kamleshwar, involved in Crime No. 218/2025 registered at Police Station - Baikunthpur, District - Koriya (C.G.) for the offence punishable under Sections 111, 317(2), 317(4), 317(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 4 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 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 Preeti