1 CGHC010206382026 2026:CGHC:29102 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5130 of 2026 Ritesh Kumar Sharma S/o Late Yugal Kishor Sharma Aged About 36 Years R/o Opposite Sarbhal Railway Station Jharsuguda (Odisha) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Bhilai -3 District Durg C.G. ... Respondent For Applicant : Shri Goutam Khetrapal, Advocate. For Respondent/State : Shri Shaleen Singh Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2026 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.128/2026 registered at Police Station Bhilai -3, District Durg (C.G.) for the offence punishable under Sections 318(4), 62, 3(5) of the BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.13 11:32:52 +0530 2 2. Case of the prosecution, in brief, is that during investigation of Crime No. 125/2026, the police traced co-accused Ayush Singh @ Ayush Thakur at Dhanbad, who disclosed that the present applicant and other co-accused were involved in arranging fake bank accounts and passbooks for cyber fraud. On the basis of his statement and the material collected during investigation, the present Crime No. 128/2026 was registered. After completion of investigation, a charge-sheet was filed against the present applicant and co-accused Akash Kumar Ravani, while the juvenile co-accused was dealt with by the Juvenile Justice Board and the remaining co-accused were shown as absconding. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the prosecution case is based solely on the memorandum statement of a co-accused/missing person and alleged bank transactions, without any direct evidence establishing the applicant's involvement or criminal intent. No victim has specifically alleged any act of cheating or fraud against the applicant, and no incriminating material has been recovered from his possession. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 09/03/2026 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 he would submit that charge sheet has been filed in this case before the competent court and the applicant has two criminal antecedents. 3 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, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, period of detention of the applicant since 09/03/2026, charge sheet has been filed 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. Accordingly, the bail application is allowed and it is directed that the Applicant- Ritesh Kumar Sharma, involved in Crime No.128/2026 registered at Police Station Bhilai -3, District Durg (C.G.) for the offence punishable under Sections 318(4), 62, 3(5) of the BNS, be released on bail on his furnishing a personal bond with two local 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 4 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. 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