1 CGHC010219772026 2026:CGHC:31538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5184 of 2026 Abhay Yadav S/o Ganga Ram Yadav Aged About 23 Years R/o Kauhakunda, Thana Chakardhar Nagar Raigarh, Tahsil And District Raigarh Chhattisgarh --- Applicant versus State Of Chhattisgarh Through Police Station - Cyber Cell, Raigarh, District Raigarh Chhattisgarh --- Non-Applicant MCRC No. 5537 of 2026 Mitesh Kumar Soni S/o Tul Bahadur Soni Aged About 33 Years (Wrongly Mentioned As Tu), R/o Vasundhara, Nagar, Bhilai- 3, District- Durg Chhattisgarh ---Applicant Versus State Of Chhattisgarh Through Cyber Police Station District- Raigarh (CG) --- Non-Applicant For Applicant in MCRC No.5184/26 : Shri Prabhat Kumar Saxena, Advocate. For Applicant in MCRC No.5537/26 : Shri Sudhanshu Kumar Singh, Advocate. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.24 11:50:19 +0530 2 For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23/07/2026 1. Since the aforesaid bail applications arise out of same crime number, they are being disposed of by this common order. 2. These are the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.3/2026 registered at Police Station Cyber Cell, Raigarh District Raigarh (C.G.) for the offence under Sections 318 (4), 3 (5) of the BNS and under Section 66 (D) of the IT Act. 3. The prosecution case, in brief, is that complainant Ayesha Parween has lodged a report at Cyber Police Station Raigarh that she is running a NGO namely Ayush Shiksha Samiti, which is situated at Tat Tanki Road, Raigarh, wherein Program of Kaushal Vikash Yojna and Employment Scheme are conducted. In the month of December her Nephew Azhar Hussain and his Acquaintance Two Person Namely Amarjeet and Abhay Yadav came in her office and One Vijay Chandra has told that he is an employee of the Company and he is willing to donate some amount in CSR Fund for the Social Work and he has obtained the registration certificate of the complainant NGO and after some days Vijay Chandra along with 4 boys came in her house and 3 Vijay Chandra has told that if you want the donation then your account shall be Current, Savings or Corporate and should be Running and then complainant has opened a bank account in the Axis Bank, Branch Raigarh Bearing Account number 925020059402499, after some days A Person namely Ajay Sahu came to the Complainant office and told her that he has been sent by Vijay Chandra and sent 10/- Rs to Her Mobile Phone through UPI and told her that transaction is rightly going on and which was informed by Ajay Sahu to Vijay Chandra By Mobile, thereafter Vijay Chandra has called her and asked her to go Mumbai for the Donation and on 29/12/2025 Ajay Sahu came to her house and downloaded an APK file in her phone and informed to the Vijay Chandra about the same and used her phone for 02 Hours, on 02/01/2026 in the evening Ajay Sahu and Vijay Chandra has informed her that she needs to Guwahati from Raipur. Then complainant and her husband went to Guwahati on 03/01/2026 and they stayed in a Hotel, On 04/01/2026 at evening two person came in the Hotel and claimed to be the employee of the Company and they have asked for her mobile in which her bank account was registered and they asked her Mobile and told her that they need to check her phone for online transactions and after that they installed APK file in her Phone and told her that the company shall transfer the amount in her account and after that from 05/01/2026 to 11/01/2026 both the complainant and her husband stayed in the hotel and those two person used to come 4 and used to check her phone daily and after some day when she told that she wants to see the company they refused and stated that it is not required and they made her talk upon video call and after that she called Vijay Chandra and told her that she wants to return then he sent her the Flight tickets from Guwahati To Raipur and then they came to Raigarh and on dated 14/01/2026 Bank has informed that in her account some fraudulent amount has been deposited and after that she checked her Email ID then she came to know that from different places she has received Mail and when she enquired regarding the same it was informed to her that on 29/12/2025 an amount of Rs 4,70,000/- is deposited in her account which relates to Cyber Fraud and then she called Vijay Chandra then he has denied and stated that there must be some mistake from Bank. Thereafter she has made a complaint to the Cyber Police. Hence the present bail applications. 4. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. The applicants are young boys aged about 23 & 33 years respectively. The applicants do not have any criminal antecedents. They are in jail since 15.3.2026. Therefore, the applicants may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail applications and submit that the applicants do not have any criminal antecedents and the charge 5 sheet has been submitted against them. Therefore, the bail applications may be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicants, the applicants do not have any criminal antecedents and they are in jail since 15.3.2026. and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. Accordingly, the Applications are allowed. 8. Let the Applicant – Abhay Yadav & Mitesh Kumar Soni, involved in Crime No.3/2026 registered at Police Station Cyber Cell, Raigarh District Raigarh (C.G.) for the offence under Sections 318 (4), 3 (5) of the BNS and under Section 66 (D) of the IT Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that 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 applicants shall remain present before the 6 trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse 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 applicants 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 applicants are 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Barve