1 CGHC010308452026 2026:CGHC:35995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7474 of 2026 Mahesh Kumar Chakradhari S/o Jagdish Prasad Chakradhari Aged About 28 Years R/o Village Gangouti Out Post Basdei, Police Station And District- Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Surajpur, District – Surajpur (C.G.) ---- Non-applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2026 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 379/2025, registered at Police Station – Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 317(4), 318(2) and 61(2)(A) of the BNS and Section 66(D) of the IT Act. 2. Earlier, the first bail application of the applicant was rejected by this Court vide order dated 03.12.2025 passed in MCRC No.9855/2025, on merits. 3. The case of the prosecution, is that the Joint Cyber Crime Coordination Team Management Information System in portal, it was found that there are different-different Branches of Bank, in which via forged RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 mobile numbers, the amount was deposited and it was found that in the joint account which was opened by Dev Narayan Chakradhari and Mahesh Kumar Chakradhari i.e. present applicant in the name of society known as D.N. Chakradhari Education Development Education at Surajpur and sum of Rs.72,76,413/- was received in the said account and the account was opened at IDFC Bank Branch at Surajpur, in which the amount of Cyber Fraud was deposited and on being found that the amount was transferred in the account of D.N. Chakradhari Education Development Education was deposited is the amount of cyber fraud, subsequently the matter being investigated by the police and it was found that in the D.N. Chakradhari sum of Rs. Education Development Education, 72,76,413/- was deposited and the applicant has been a arrested for the commission of alleged offences. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that so far as the status of the trial is concerned, there are a total of 22 prosecution witnesses, and no single witness has been examined by the trial Court. The applicant is in jail since 31.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there is applicant’s admitted status as a joint account holder in the account through which the alleged cyber- fraud amount of Rs. 72,76,413/- was transacted, and on the same ground the first bail application of the applicant was rejected by this Court, therefore, he is not entitled for grant of bail. 3 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the first bail application of the applicant was rejected by this Court vide order dated 03.12.2025 passed in MCRC No.9855/2025, the applicant is in jail since 31.07.2025, and so far as the status of the trial is concerned, there are a total of 22 prosecution witnesses, and no single witness has been examined by the trial Court, and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Accordingly, this second bail application of the applicant is allowed. 9. Let applicant – Mahesh Kumar Chakradhari, involved in Crime No. 379/2025, registered at Police Station – Surajpur, District – Surajpur (C.G.) for the offence punishable under Sections 317(4), 318(2) and 61(2)(A) of the BNS and Section 66(D) of the IT Act, be released on bail on his furnishing a personal bond with two heavy 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 4 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 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 earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, 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 Rajshekhar