1 CGHC010264532026 2026:CGHC:35306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6405 of 2026 Akash Tirkey S/o Lucky Tirkey Aged About 19 Years Occu.- Student R/o Village Ajirma, P.S. Gandhinagar Tehsil Ambikapur District Surguja (C.G.) --- Applicant versus State Of Chhattisgarh Through- Station House Officer, P.S. Gandhinagar District Surguja (C.G.) --- Non-Applicant MCRC No. 7043 of 2026 Rahul Gupta S/o Rajesh Gupta Aged About 20 Years Caste - Baniya, R/o Shiva Park Renukut P.S. Pipari District Sonbhadra U.P. Presently R/o Subhash Nagar Second Flore Banaras Road State Bank, On Rent In The House Of Manoj Yadav, P.S. Gandhinagar District Surguja Chhattisgarh (Correctly Mentioned As Per Charge Sheet) ---Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S. Gandhinagar, District Surguja Chhattisgarh --- Non-Applicant KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.11 19:11:57 +0530 2 MCRC No. 6546 of 2026 Ankush Minj S/o Harishchandra Minj Aged About 19 Years Occu- Student R/o Village Ajirma Shanti Para P.S. Gandhinagar Tehsil Ambikapur District Surguja (C.G.) (Wrongly Mentioned As Shanti Nagar In Annex- A/1) ---Applicant Versus State Of Chhattisgarh Through Station House Officer, P.S Gandhinagar District Surguja (C.G.) --- Non-Applicant For Applicants : Shri S.R. Sinha with Shri Nishikant Sinha, Advocates. For Non-Applicant : Shri Sumit Singh, Deputy AG. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11/08/2026 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 applications 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.151/2026 registered at Police Station Gandhinagar, District Surguja (C.G.) for the offence under Sections 317 (4), 318 (4) & 61 (2) of the BNS. 3. The prosecution case, in brief, is that co-accused namely, Rahul Gupta was arrested with huge amount of passbooks and account holder details and during investigation, the account holders were 3 arrested whose accounts were used by said Rahul Gupta. It is alleged that the accused persons have given their accounts through their friends and in turn, the accused persons got commission. Thereafter the FIR was registered against the applicants. Hence the bail application. 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 present applicants have been made accused only for the reason that they have given their account details to other accused persons whereas their credentials were used to open account in the bank and were used by Rahul Gupta and Ashutosh Sharma, who were granted bail by the trial Court. The applicants do not have any criminal antecedents. They are in jail since 20.3.2026 & 21.3.2026 respectively. 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 application and submit that in compliance of the order passed by this Court on 27.7.2026, the concerned I.O. has filed his personal affidavit. Para-8 to 10 of the said affidavit read thus:- “8. That the name of the present applicant has came in the memorandum statement of Ankush Minj and further on the sayings of his friend Ashutosh Sharma, the present applicant has sold his two bank account to the Co- accused Rahul Gupta and has received Rupees 1500 in Advance out of 10000 which was supposed as commission. 4 9. That the account of the present applicant was clearly used in the offence of cheating by Co- accused Rahul Gupta which make out a prima facie case of cheating against the present applicant enhance the present applicant shell not be extended the benefit of bail in the instant matter. 10. That the present applicant has no criminal antecedent registered except the present prime number 151/2026 registered at police station Gandhi Nagar, District- Sarguja under Section 317(4) 318(4) 61(2) of BNS. a copy of ICJS report of present applicant his hear with Marked as Annexure R/1. Apart from that, the applicants do not have any criminal antecedents, and the charge sheet has been submitted against them. 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 applicant, the applicants do not have any criminal antecedents, which is mentioned in the bail application, they are in jail since 20.3.2026 & 21.3.2026 respectively 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 – Akash Tirkey, Ankush Minj & Rahul Gupta, involved in Crime No.151/2026 registered at Police Station Gandhinagar, District Surguja (C.G.) for the offence under 5 Sections 317 (4), 318 (4) & 61 (2) of the BNS, be released on bail on each of them furnishing personal bond with two sureties 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 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. 6 (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