1 CGHC010269622026 2026:CGHC:29948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6331 of 2026 Anup Chaubey, S/o Nagendra Nath Chaubey, Aged About 30 Years, R/o Bauripara Ambikapur, District Surguja Chhattisgarh Permanent R/o Village Ketat Kalan, P.S. Rehla, District Palamu Jharkhand ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kotwali Ambikapur District Surguja Chhattisgarh --- Non-applicant _____________________________________________________ For Applicant :Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State :Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.16 11:07:53 +0530 2 connection with Crime No.869/2025 registered at Police Station Kotwali, Ambikapur, District Surguja (C.G.), for the offences under Sections 318(4) and 3(5) of BNS, 2023. 2. The prosecution case, in brief, is that on the basis of a written complaint lodged by Arjun Prajapati, report was registered at Police Station wherein, it is alleged that on 01.11.2025, co- accused Anish Giri visited the Complainant's shop, produced a copy of his Aadhaar Card and on the pretext of requiring cash against a payment to be received for work done by him, first transferred Re.1/- and thereafter Rs.99,999/- to the Complainant's Airtel Payments Bank account. Believing the transaction to be genuine, the Complainant handed over Rs.99,200/- in cash after retaining Rs.800/- as commission. Subsequently, the complainant was informed by the bank that the amount credited to his account was the proceeds of a cyber fraud committed from Pune, Maharashtra, due to which his account was frozen. During investigation, a mobile phone allegedly used in the commission of the offence was seized from the present Applicant. It is further alleged that the Applicant, in conspiracy with the co-accused, was involved in an organized financial fraud by routing cyber fraud proceeds through the bank accounts of unsuspecting persons, getting the amounts withdrawn in cash and delivering the same to 3 other accused persons in lieu of commission. Based on these allegations, the offences as mentioned above, have been registered against the present Applicant. Hence, this application. 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 Applicant's name does not find place in the FIR and no specific allegation has been levelled against him, as the allegations are primarily against the co- accused, Anish Giri. It is further submitted that the prosecution case against the Applicant is based mainly on memorandum statements and documentary evidence already seized during investigation and no incriminating material has been recovered from his possession. He lastly submits that the Applicant is in custody since 25.02.2026 and the trial is likely to take considerable time for its conclusion, therefore, he may be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that there is one other pending criminal case against the present Applicant. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the material available 4 in the case dairy, the fact that the Applicant is not named in the FIR, he is in jail since 25.02.2026, the trial is likely to take considerable time for its conclusion and without commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Let Applicant-Anup Chaubey involved in Crime No.869/2025 registered at Police Station Kotwali, Ambikapur, District Surguja (C.G.), for the offences under Sections 318(4) and 3(5) of BNS, 2023 be released on bail on his furnishing a personal bond with local two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/they 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/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 5 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya