1 CGHC010208822026 2026:CGHC:29130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4894 of 2026 Aarti Rajput W/o Raviraj Singh Aged About 27 Years R/o New Patel Nagar Bheelwada, District Bheelwada Rajasthan ... Applicant(s) versus State Of Chhattisgarh Through Thana In-Charge, P.S. Cyber, District Raigarh Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Rajendra Tripathi, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Deputy Government Advocate. 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. 02/2026 registered at Police Station 2 Cyber, District Raigarh (C.G.) for the offence punishable under Sections 318(6), 308(4), 112(2), 61(2) of BNS and Section 66(D) of the Information Technology Act. 2. Case of the prosecution, in brief, is that the complainant, Narendra Singh Thakur, lodged an FIR alleging that he received a phone call from an unknown person who claimed to connect him with the TRAI Department. Thereafter, he was falsely informed that another Jio mobile number issued in his name was being used for illegal activities. By impersonating officials of the TRAI, police, and other investigating agencies, the fraudsters allegedly induced the complainant to transfer a total amount of Rs. 36,97,117/- through multiple UPI transactions on different dates under the pretext of verification and investigation. On the basis of the said complaint, the police registered the FIR and commenced investigation into the alleged offences of cyber fraud. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that no specific allegation or overt act has been attributed to the present applicant in the FIR or during the course of investigation. The applicant has been implicated without any direct material connecting her with the alleged offence. He also submits that the present applicant is a lady and has a minor child at home who is dependent upon her 3 care and custody. Her continued incarceration is causing severe hardship to the minor child, who is suffering in her absence. The applicant is in jail since 22.04.2026, the applicant has no criminal antecedents, charge-sheet has not been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has not been filed in the present case. He further submits that the applicant allegedly was a member of the group involved in the alleged cyber fraud and, during the course of investigation, her role surfaced in relation to the receipt and distribution of the cheated amount. It is alleged that she shared a portion of the proceeds of the crime and thereby participated in the commission of the alleged offences. 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. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 22.04.2026, the fact that though the applicant was allegdly a member of the group involved in the cyber fraud and participated in the receipt and distribution of the cheated amount, but considering the fact that present applicant is a lady and has a minor child at home who is dependent upon her care and custody, 4 further the applicant has no criminal antecedents, the charge- sheet has not 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. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Aarti Rajput, involved in Crime No. 02/2026 registered at Police Station Cyber, District Raigarh (C.G.) for the offence punishable under Sections 318(6), 308(4), 112(2), 61(2) of BNS and Section 66(D) of the Information Technology Act, be released on bail on her 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 she 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 her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, in 5 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 her 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