1 CGHC010146272026 2026:CGHC:27727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3576 of 2026 Nageshwar Chakradhari S/o Moolchand Chakradhari Aged About 25 Years R/o- Nimora, Mohalla-Bhatapara, Ward No.- 18, P.S.- Rakhi, District- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Civil Lines, District- Raipur, (C.G.) ... Respondent For Applicant : Shri Galib Dwivedi, Advocate. For Respondent/State : Ms. Anusha Naik, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/07/2026 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. 290/2025 registered at Police Station - GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.07 11:16:41 +0530 2 Civil Lines, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS and Section 42(3)(e) of the Telecommunications Act. 2. As per the prosecution case, during the period from 04.01.2024 to 02.03.2025, within the jurisdiction of Cyber Police Station, Civil Lines, Raipur, the applicant/accused, along with other co- accused, acting in furtherance of a common intention and as members of an organized crime syndicate, fraudulently operated as many as 41 SIM cards to carry out cyber fraud and cheating, thereby dishonestly obtaining a total amount of Rs.18,52,654/-. It is alleged that the accused persons not only committed the said act of cheating but also concealed and utilized the proceeds of crime for their own benefit. On the basis of the aforesaid, Crime No.290/2025 was registered at Police Station - Civil Lines, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS and Section 42(3)(e) of the Telecommunications Act and upon completion of investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has falsely been implicated in this case. He would submit that co-accused Shivnand Chauhan has been granted regular bail by this Court in MCRC No.1698/2026 on 24/03/2026. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 3 15/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. She would submit that in compliance of the court’s order dated 21/04/2026 Investigating Officer has filed his personal affidavit wherein it is alleged that the applicant used mobile No. 9303679381 to commit online fraud by inducing the complainant, Chirag Kumar, to deposit Rs.62,080/- on the false promise of providing an online part-time job and during interrogation, the applicant is stated to have admitted that he lured the complainant and obtained money through the false promise of an online job, thereby committing cyber fraud. She would submit that considering the nature and gravity of allegation, applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, further the fact that co-accused Shivnand Chauhan has been granted regular bail by this Court in MCRC No.1698/2026 on 24/03/2026, period of detention of the applicant since 15/09/2025, 4 charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Nageshwar Chakradhari, involved in Crime No. 290/2025 registered at Police Station - Civil Lines, District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS and Section 42(3)(e) of the Telecommunications Act, 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. 5 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri