1 CGHC010250962026 2026:CGHC:32669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5977 of 2026 1 - Yogendra Singh S/o Shri Shankar Lal Choudhary Aged About 25 Years R/o Dineshpur, District- Udhamsingh Nagar, Uttarakhand ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer Of The Police Station- Ambagarh-Chowki, District- Mohla- Manpur- Ambagarh Chowki (C.G.) ... Respondent(s) For Applicant(s) : Mr. Khilendra Sahu, Advocate For Respondent(s)/State : Mr. Sumit Singh, Dy. A.G. For Objector : Mr. Basant Dewangan, Advocate 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 RUCHI YADAV Digitally signed by RUCHI YADAV 2 Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 03/2026 registered at Police Station Ambagarh-Chowki, District Mohla-Manpur-Ambagarh Chowki (C.G.), for the offences punishable under Sections 318(4), 317(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66D of the Information Technology Act, 2000. 2. As per the prosecution story, the complainant, Kunal Agrawal, lodged a written report alleging that during the period from 07.11.2025 to 06.12.2025, an unknown person, posing as a representative of a share trading/investment platform through WhatsApp and a mobile application, induced him to invest money by promising exorbitant returns from online share trading. Believing the representations made by the accused, the complainant transferred a total sum of ₹1,49,50,000/- from his Punjab National Bank and HDFC Bank accounts to various bank accounts as instructed by the accused. Subsequently, when the complainant attempted to withdraw the invested amount, the accused demanded further deposits on the pretext of loan repayment and other charges, whereupon the complainant realized that he had been cheated. On the basis of the aforesaid allegations, the police registered the present crime under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, and during the course of investigation, Sections 317(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66D of the Information 3 Technology Act, 2000 were also added. 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 no cogent material is available to connect the applicant with the alleged offence and no part of the alleged cheated amount has been recovered from his possession. It is further submitted that the entire case is based on documentary and electronic evidence, which is already in the custody of the investigating agency, the investigation has been completed and the charge-sheet has been filed. It is also submitted that the applicant has been in judicial custody since 21.02.2026, has no criminal antecedents 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 the investigation has been completed and the charge-sheet has already been filed. Considering the nature and gravity of the offence, it is prayed that the bail application be rejected. 5. Learned counsel for the objector also opposes the bail application and submits that the applicant is involved in a well-planned cyber fraud resulting in substantial financial loss to the complainant. It is contended that there is sufficient material collected during the 4 course of investigation to connect the applicant with the alleged offence. Therefore, considering the gravity of the allegations, the applicant does not deserve the benefit of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. In compliance with the order of this Court dated 07.07.2026, the concerned Investigating Officer has filed an affidavit showing the incriminating material collected against the applicants during the course of investigation, which is reproduced below:- “8. That, during the course of investigation, it was found that, the information obtained clearly indicates that, the present accused applicant has been a part of criminal syndicate and operated within the framework of this criminal organization, which demonstrates his criminal tendencies, his connections to organized gangs and his tendency to commit crimes repeatedly. 10. That, during the course of investigation, the memorandum statement of the present accused Applicant was duly recorded infront of the relevant witnesses wherein, he has categorically admitted the offence committed by him. It is further deposed by the present accused applicant in November 2025, that, under the influence of one Prashant @ Maanni (resident of Gadarpur) and Karan @ Lala (resident of Tejfazaa, Gadarpur) he has given a Cheque of 5 his bank account no. 32747285648 as they have lured him to give 1% of the money received by using the aforementioned Cheque. That, on 15.11.2025 the present accused applicant has given his Cheque to Prashant and Karan for receiving the money of cyber fraud and received 1% of the amount, which itself shows the involvement of the present accused applicant in the present crime number.” 8. 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 fact that the entire case is based on documentary and electronic evidence already in the custody of the investigating agency, applicant has no criminal antecedent, the period of custody of the applicant since 21.02.2026 and the likelihood of the trial taking considerable time to conclude, this Court is of the opinion that further custodial detention of the applicant is not warranted at this stage. Though the Investigating Officer has placed on record the incriminating material collected during the course of investigation, the same is a matter of appreciation during trial. Without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. 9. Accordingly, the bail application is allowed. Let the Applicant – Yogendra Singh involved in Crime No.- 03/2026 registered at Police Station Ambagarh-Chowki, District Mohla-Manpur- 6 Ambagarh Chowki (C.G.), for the offences punishable under Sections 318(4), 317(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66D of the Information Technology Act, 2000, 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 before the court on the date fixed in 7 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. 10. 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. 11. 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