1 2026:CGHC:6382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1253 of 2026 Shiekh Shaban S/o Shiekh Hussain Aged About 50 Years R/o Behind Bharat Tayar, Maudahapara, Raipur, District- Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Tikrapara, District Raipur C.G. ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/02/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.229/2025 registered at Police Station Tikrapara, District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5) & 111 of BNS. 2. Case of the prosecution, in brief, is that on the basis of information received from Indian Cyber Crime Coordination Portal (14C) the police of Police Station- Tikarapara under the instructions of the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.05 14:44:25 +0530 2 Superintendent of Police, Range Cyber Thana, Raipur, has taken cognizance of total 54 bank accounts used for commission of cyber- crime/Crime-Fraud as Mule-Accounts for fraud of total Rs. 21,97,673/-, and the persons in whose name these Mule- bank accounts are and the persons in whose name the linked mobile numbers are registered, have been made accused and has registered the Crime as FIR No. 229/2025 on 23.03.2025 against them, U/s 317(2), 317(4), 317(5) & 111 of BNS. The allegation against the present applicant is that Bank Account No. 309023478301 of Ratnakar Bank Limited (RBL) and linked mobile No. 9770481098 is in his name, and the said mule account has been used in cyber-crime and has been reported as Mule Account. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on merits vide order dated 31/10/2025 in MCRC No.7704/2025. It is further submitted that similarly situated co- accused, namely Vikas Madhwani, Jitendra Bagh, Priya Sori and Bhavika Harchandani have already been enlarged on bail by the Hon'ble Supreme Court vide common order dated 18.12.2025 in Special Leave to Appeal (Crl.) Nos. 16298/2025, 17964/2025, 19330/2025 and 19243/2025 respectively, and on the same ground the co-accused namely, Mohit Kumar, Tushar Bhasgouri, Gaurav Singh has been granted bail by this Court vide order dated 20.01.2026 passed in MCRC Nos. 10044/2025, 76/2026 and 10047/2025, respectively, hence, he prays for releasing the applicant on regular bail. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the case; however, she do not dispute the fact that the co-accused persons have been granted bail by the Hon’ble Supreme Court and by this Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 31/10/2025 in MCRC No.7704/2025. Considering the fact that similarly situated co-accused, namely Vikas Madhwani, Jitendra Bagh, Priya Sori and Bhavika Harchandani have already been enlarged on bail by the Hon'ble Supreme Court vide common order dated 18.12.2025 in Special Leave to Appeal (Crl.) Nos. 16298/2025, 17964/2025, 19330/2025 and 19243/2025 respectively, and on the same ground the co-accused namely, Mohit Kumar, Tushar Bhasgouri, Gaurav Singh has been granted bail by this Court vide order dated 20.01.2026 passed in MCRC Nos. 10044/2025, 76/2026 and 10047/2025, respectively, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the second bail application is allowed and it is directed that the Applicant- Shiekh Shaban, involved in Crime No.229/2025 registered at Police Station Tikrapara, District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5) & 111 of BNS, 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri