1 CGHC010166422026 2026:CGHC:32399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3939 of 2026 1 - Ayush Kumar S/o Heeralal Sahu Aged About 23 Years R/o Kailashpur, Post - Devnagar, District Surajpur Chhattisgarh --- Applicant(s) versus 1 - State Of Chhattisgarh Through S.H.O. P.S. Balrampur District Balrampur-Ramanujganj Chhattisgarh --- Respondent(s) With MCRC No. 4530 of 2026 1 - Deepak Kumar Yadav S/o Hriday Nandan Yadav Aged About 26 Years R/o Village Petmara, Police Station - Tumla, District Jashpur Chhattisgarh ---Applicant(s) Versus RUCHI YADAV Digitally signed by RUCHI YADAV 2 1 - State Of Chhattisgarh Through The Station House Officer, Through Police Station Balrampur, District Balrampur-Ramanujganj Chhattisgarh --- Respondent(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate in MCRC No. 3939 of 2026 Mr. Shivendu Pandya, Advocate in MCRC No. 4530 of 2026 For Respondent(s)/State : Mr. Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/07/2026 1. Since the aforesaid bail applications arise out of the same crime number, they are being heard and decided by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of regular bail to the applicants, who have been arrested in connection with Crime No. 40/2025 registered at Police Station Balrampur, District Balrampur-Ramanujganj (C.G.), for the offences punishable under Sections 317(2), 317(4), 317(5), 318(4), 61(2)(a), 338, 339, 340 and 341 of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, on the basis of information received from the Superintendent of Police, Balrampur, an inquiry was conducted through the Indian Cyber Crime Coordination Centre (I4C), Ministry of Home Affairs, Government of India, regarding certain suspected mule bank accounts. During the inquiry, it was 3 revealed that an account maintained with Utkarsh Small Finance Bank, Balrampur Branch, allegedly held by co-accused Shoaib Khan, was being used in furtherance of a criminal conspiracy for transferring, withdrawing and laundering the proceeds of cyber fraud. It was further found that fraudulent transactions amounting to ₹8,22,146/- had been routed through the said mule account. During the course of investigation, the present applicant, along with other co-accused, was implicated on the basis of the material collected and the memorandum statements of the co-accused. Accordingly, Crime No. 40/2025 was registered for the alleged offences and after completion of the investigation, the charge- sheet was filed before the competent Court. 4. Learned counsel for the respective applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that no prima facie material is available on record to connect the applicants with the alleged offence. It is further submitted that there is no material to establish the applicants' knowledge or criminal intent (mens rea), nor has the prosecution produced any document to show that the applicants participated in the alleged cheating or derived any wrongful gain from the alleged transactions. It is submitted that no amount was ever credited to the bank account of the applicants and no incriminating amount has been recovered or seized from their possession. Learned counsel further submits that the charge-sheet has already been filed and the applicants have 4 been in judicial custody since 23.04.2025. It is further submitted that the case of the applicant is identical to that of co-accused Nitesh Puri, who has been granted regular bail by the Hon'ble Supreme Court vide order dated 16.02.2026 passed in Criminal Appeal No. 941/2026 (arising out of SLP (Criminal) No. 16083 of 2025). It is also submitted that the applicants have already been acquitted by the trial Court in the connected Crime No. 41/2025, registered at the same Police Station, by judgment dated 10.03.2026. Learned counsel further submits that similarly situated co-accused, namely, Abhishek Jaiswal, Rajesh Sonkar, Sukhdev Sahu, Prashant and Soieb Khan have also been granted regular bail by this Court. Therefore, it is contended that the applicant is entitled to the benefit of bail on the ground of parity. Accordingly, it is prayed that the applicant be enlarged on regular bail. 5. On the other hand, learned State counsel opposes the bail applications and submits that considering the nature and gravity of the allegations and the material collected during the investigation, the applicants do not deserve the benefit of regular bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, this Court finds that the investigation has been completed and the charge- 5 sheet has already been filed. The applicants have been in judicial custody since 23.04.2025. It is also noticed that the applicants have been acquitted in the connected Crime No. 41/2025 by judgment dated 10.03.2026. Further, co-accused Nitesh Puri has been granted regular bail by the Hon'ble Supreme Court and other similarly situated co-accused, namely, Abhishek Jaiswal, Rajesh Sonkar, Sukhdev Sahu, Prashant, and Soieb Khan, have also been granted regular bail by this Court. The prosecution has not pointed out any distinguishing feature to differentiate the case of the present applicants from that of the aforesaid co-accused. Therefore, the applicants are entitled to the benefit of parity. Accordingly, without expressing any opinion on the merits of the case, this Court is of the considered view that the applicants have made out a fit case for grant of regular bail. Consequently, the bail applications are allowed. 8. Let the applicants, namely Ayush Kumar and Deepak Kumar Yadav involved in Crime No. 40/2025 registered at Police Station Balrampur, District Balrampur-Ramanujganj (C.G.), for the offences punishable under Sections 317(2), 317(4), 317(5), 318(4), 61(2)(a), 338, 339, 340 and 341 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing personal bonds with two sureties each in the like sum to the satisfaction of the Court concerned, subject to the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on 6 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 trial court on each date fixed, either personally or through their counsel. In case of their 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 their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 7 applicants 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 them in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi