1 2026:CGHC:8041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1564 of 2026 Sourabh Malviya S/o Shri Subhash Malviya Aged About 26 Years R/o Pushpa Nagar Chouraha, Mahamai Bag, Hujur, Sikandari Sarai Hujur, District : Bhopal, Madhya Pradesh ... Applicant versus State Of Chhattisgarh Through In Charge Cyber Thana- Ambikapur, District - Sarguja, C.G. ... Respondent For Applicant : Ms. Kavita Bansal, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2026 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.02/2025 registered at Police Station – Cyber Thana District – Ambikapur District Sarguja (C.G.) for the offences punishable under Sections 318(4), 111(iii), 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.13 16:34:44 +0530 2 2. As per the prosecution case, the complainant, Siddhartha Gupta, lodged a report at Cyber Thana Ambikapur, District Sarguja, on 28/05/2025 against an unknown person, on the basis of which Crime No. 02/2025 was registered for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act, 2008. As per the First Information Report, the complainant was induced through an online chat on the J.M. Trading App, which he had downloaded, to invest money on the assurance of earning higher profits, and acting upon such inducement he deposited money through online transactions in thirteen instalments during the period from 08/04/2025 to 10/05/2025, whereby a total amount of Rs. 9,95,000/- was allegedly obtained from him by way of online cheating. On the basis of the said report, the concerned police registered the offence and conducted investigation for offences under Sections 318(4), 111(iii) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 along with Section 66(D) of the Information Technology Act, 2008, and after completion of investigation, filed the charge-sheet before the competent Court. The present applicant was arrested during the course of investigation and is in judicial custody since 13/07/2025, and a copy of the FIR registered at the said police station is annexed herewith. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, in the present case is based on false and baseless allegations. The complainant initially lodged the report at Cyber Thana Ambikapur, District Sarguja, against an unknown person and the name of the present applicant was not mentioned in the First Information Report. The applicant has been implicated only on the basis of the 3 memorandum statement of the co-accused persons, which has no independent evidentiary value, and therefore his involvement in the crime is unjustified. Further, the applicant and the complainant have amicably settled their dispute and there is no dispute subsisting between them; both parties have executed an affidavit to this effect and have entered into a compromise, and a copy of the compromise is annexed herewith as Annexure A-3. The essential ingredients of the offences under Sections 318(4), 111(iii) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act are not attracted against the present applicant, and the prosecution has not collected any sufficient material to show that any transaction was carried out by the applicant, yet he has been falsely implicated in the present case. No incriminating article has been seized from the possession of the applicant, nor has he carried out any financial transaction with any person, and he has been arrested solely on the basis of the memorandum statement of the co-accused. The applicant did not act in the manner alleged by the prosecution, and from the material available on record, no prima facie case is made out against him. The applicant is in judicial custody since 13/07/2025, therefore, he prays for grant of regular bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present 4 applicant, and the fact that the co-accused, namely Anurag Singh Raguvanshi, has already been granted bail vide order dated 20.01.2026 passed in MCRC No. 8644 of 2025, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant have been in judicial custody since 13.07.2025, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Sourabh Malviya, involved in Crime No.02/2025 registered at Police Station – Cyber Thana District – Ambikapur District Sarguja (C.G.) for the offences punishable under Sections 318(4), 111(iii), 3(5) of the BNS 2023, be released on bail on furnishing personal bond with two 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 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 5 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav