1 CGHC010248422026 2026:CGHC:32718 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5981 of 2026 1 - Ramkrishna Kushwaha S/o Chotelal Kushwaha Aged About 32 Years R/o Bansipur Post- Mangraura P.S. Maihar District- Maihar (M.P.) … Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer Police Station Civil Line, Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. T.S. Sahu, Advocate For Respondent(s)/State : Mr. S.S. Baghel, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 290/2025 registered at Police Station RUCHI YADAV Digitally signed by RUCHI YADAV 2 Civil Lines, Raipur, District Raipur (Chhattisgarh), for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 42(3)(e) of the Telecommunications Act, 2023. 2. As per the prosecution story, during the period from 04.01.2024 to 02.03.2025, the applicant, along with other co-accused persons, allegedly used SIM cards to commit cyber fraud within the jurisdiction of Range Cyber Police Station, Civil Lines, Raipur. It is alleged that, by fraudulent means and concealment, they dishonestly obtained and misappropriated a total amount of ₹18,52,654/- from the victims. On the basis of the aforesaid allegations, offence was registered against the applicant and charge-sheet has been filed before the competent Court. 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 name of the applicant does not find place in the FIR and no cogent material is available to connect him with the alleged offence. It is further submitted that the investigation has been completed and the charge-sheet has already been filed. Learned counsel also submits that the co-accused, Shivanand Chauhan, at whose instance the name of the present applicant surfaced during investigation, has already been enlarged on bail by this Court vide order dated 24.03.2026 passed in MCRC No. 1698 of 2026. It is further submitted that the applicant has no criminal antecedents, has been in judicial custody since 3 17.12.2025, and the trial is likely to take considerable time to conclude. On these grounds, prayer has been made to enlarge the applicant on bail. 4. Per contra, learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature. It is submitted that, pursuant to the order of this Court dated 07.07.2026, the concerned Investigating Officer has not filed the affidavit disclosing the incriminating material/evidence collected against the applicant during the course of investigation. Nevertheless, considering the nature and gravity of the offence, it is prayed that the present bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the nature and gravity of the allegations, the fact that the investigation has been completed and the charge- sheet has already been filed, the period of custody of the applicant since 17.12.2025, the fact that the co-accused, Shivanand Chauhan, at whose instance the name of the present applicant surfaced during investigation, has already been enlarged on bail by this Court, this Court is of the opinion that further custodial detention of the applicant is not warranted at this stage. Accordingly, without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. 4 7. Accordingly, the bail application is allowed. Let the Applicant – Ramkrishna Kushwaha involved in Crime No.- 290/2025 registered at Police Station Civil Lines, Raipur, District Raipur (Chhattisgarh), for the offences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 42(3)(e) of the Telecommunications Act, 2023, be released on bail on furnishing 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 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 5 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. 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. 9. 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 Ruchi