1 CGHC010310522026 2026:CGHC:35624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7387 of 2026 Akbar Alam S/o Akhtar Alam Aged About 29 Years R/o Khagragarh Purab Rajwari Purv, Police Station and District- Burdhman Sadar (West Bengal) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Rakhi, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Ali Afzaal Mirza, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 53/2026 registered at Police Station – Rakhi, District- Raipur (C.G.), for the offences punishable under Sections 318 (4) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant lodged a written complaint before the Station House Officer, Police Station Rakhi, stating that in the year 2025, while he was posted as a ROM Officer at Balco Medical Hospital, Nava Raipur, he appeared for the NEET-PG entrance examination and participated in the online counselling process. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.13 17:08:18 +0530 2 In November-December 2025, he received calls from mobile numbers 9632104550, 9945351314 and 9945348383. The callers introduced themselves as educational counsellors of Brainbue Company, claiming to be associated with Maharshi Markandeshwar (Deemed to be University), Mullana, Ambala (Haryana), and assured him that they could secure his admission to a NEET-PG course. They informed him that an amount of Rs. 20,95,000/- was required for admission and stated that the relevant details could be verified from the University's official website for preparation of the Demand Draft. The complainant verified the admission fee from the University's official website and found that an amount of Rs. 20,95,000/- was mentioned therein. Accordingly, on 23.01.2026, he obtained the bank account details from the University's official website and got a Demand Draft of Rs. 20,95,000/- prepared in favour of the University through SBI Account No. 30757507244 and ICICI Bank Account No. 0223104000266383 (MMIMSR), Sector-27 Branch, Naya Raipur. On 28.02.2026, when the complainant enquired about the Demand Draft prepared for the purpose of NEET-PG admission, he came to know that the said Demand Draft had been encashed through IDBI Bank, Kolkata. He thereafter realised that, on the pretext of securing admission to the NEET-PG course, the persons using mobile numbers 9632104550, 9945351314 and 9945348383 had fraudulently obtained Rs. 20,95,000/- from him. On the basis of the complaint, FIR bearing Crime No. 53/2026 was registered on 11.03.2026 against the persons using the aforesaid mobile numbers. After completion of the investigation, Final Report No. 87/2026 was prepared on 14.06.2026 and was submitted before the learned Judicial Magistrate First Class, Raipur, for further proceedings. 3. Learned counsel for the applicant submits that the applicant is innocent 3 and has been falsely implicated in the present case. He further submits that the applicant is a poor laborer engaged in marble fitting and cleaning work. The bank accounts in question, namley, Sourabh Rawat, who has given work to the applicant at his office and Sourabh Rawat instructed the applicant in order to receive monthly salary, he has to open bank account, after which applicant opened bank account at IDBI Bank, but due to some technical issues Sourabh Rawat told the applicant to open another bank account in the same bank. After getting the bank account opened in the name of the applicant the document related to the bank account was kept by Sourabh, who was the employer of the applicant. The other co-accused person in the concern crime number in an organized way in conspiracy with each other by keeping the applicant and dark opened bank account in his name and used the said bank accounts for illegal financial transaction. It is also submitted that the applicant has no previous criminal antecedents. Learned counsel further submits that the charge-sheet has already been filed before the competent Court and that the applicant has been in judicial custody since 18.04.2026. Considering the aforesaid facts and circumstances, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He further submits that from the perusal of the record, it transpires that the applicant was cheated and defrauded of a sum of Rs.20,95,000/- through a Demand Draft (DD) on the pretext of securing admission to a medical college through NEET-PG counselling. Upon perusal of the record, it appears from the information obtained from the bank account that the said account stands in the name of the applicant/accused, Akbar Alam, and it is also reflected that the entire 4 amount paid by the complainant was fraudulently and criminally transferred into the said account. Therefore, it is contended that the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations, and the material available on record, particularly the fact that the charge-sheet has already been filed, the applicant has no previous criminal antecedents and he is in jail since 18.04.2026, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Akbar Alam, involved in Crime No. 53/2026 registered at Police Station – Rakhi, District- Raipur (C.G.), for the offences punishable under Sections 318 (4) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her in accordance with law. 8. 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 Preeti