1 2026:CGHC:14270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2806 of 2026 Ajay Kumar Thakur S/o Vijay Thakur Aged About 40 Years R/o B S U P Colony, Block No. 02, Room No. 23, P.S. Amanaka, Raipur, C.G. ... Applicant versus State of Chhattisgarh Through Police Station- Azad Chowk, District - Raipur, C.G. ... Non-applicant For Applicant : Mr. Arvind Panda, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/03/2026 1. This is the 7rst bail application 7led under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 78/2025 registered at Police Station- Azad Chowk, District Raipur (C.G.), for the o<ence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of Bhartiya Nyaya Sanhita, 2023 (for short, ‘BNS’). 2. The case of the prosecution, in brief, is that an information was received from the Ministry of Home A<airs, Government of India, regarding investigation into various mule account holders, by the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Superintendent of Police, Cyber Range, District Raipur. Acting upon the said information, it was revealed that o<ences punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS had been committed. It is further the case of the prosecution that, pursuant to directions issued by the Cyber Crime Coordination Centre (I4C), Ministry of Home A<airs, relevant data concerning cyber o<ences was made available on the designated coordination portal for the purpose of analysis and investigation. The said portal re@ected details of mule bank accounts allegedly being used for committing o<ences of cheating and for deriving wrongful gain. 3. Upon scrutiny of the information available on the portal, it was found that as many as 21 bank accounts maintained in Indian Overseas Bank, Branch Samta Colony, Raipur (IFSC Code: IOBA0002984), were involved in fraudulent transactions. Based on the said information, an FIR was registered at Police Station Azad Chowk, District Raipur, and investigation was undertaken. After completion of the investigation, suCcient material having been found against the accused persons, a charge-sheet has been 7led before the competent court. Hence, the present application. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that he has not been involved in any fraudulent or criminal activity, nor has he committed any act against the complainant. Although a charge-sheet has been 7led, there is no substantive or incriminating material available on record to establish 3 his involvement in the alleged cyber fraud. It is further submitted that the FIR is based on information received from the Ministry of Home A<airs and the investigation conducted by the Cyber Range itself, however, despite the allegations relating to cyber fraud, the Investigating OCcer has failed to properly establish any cyber link or connect the applicant with any digital or 7nancial transaction. 5. It is further submitted that the applicant has been in judicial custody since 26.03.2025, the investigation is complete, and the trial is presently at the stage of evidence. There is no requirement for further custodial interrogation. Apart from mere reference to bank accounts, no material has been placed on record to show the applicant’s involvement in the alleged o<ence. Moreover, similarly placed co-accused persons have already been granted bail, including one who has been enlarged on bail by the Hon’ble Supreme Court, thereby entitling the present applicant to parity. 6. It is also contended that continued incarceration of the applicant is violative of his fundamental right to personal liberty and is likely to adversely a<ect his mental condition. The applicant undertakes to cooperate with the trial and abide by all conditions imposed by this Court. He is ready to furnish adequate surety and reserves his right to raise additional grounds at the time of hearing. Therefore, it is prayed that the applicant be released on bail. 7. On the other hand, learned counsel for the State submits that the applicant is involved in a serious o<ence relating to organized cyber fraud involving multiple mule bank accounts used for unlawful 4 7nancial transactions, and therefore, considering the gravity and nature of the o<ence, he does not deserve to be enlarged on bail. It is contended that the investigation has revealed the use of several bank accounts for commission of cheating and wrongful gain, and the applicant is part of the said network. However, the State fairly concedes that similarly placed co-accused persons have already been granted bail by this Court as well as by the Hon’ble Supreme Court, and does not seriously dispute the claim of parity raised by the applicant. 8. I have heard learned counsel appearing for the parties and perused the case diary. 9. Taking into consideration the facts and circumstances of the case, particularly the nature of allegations that the applicant is sought to be implicated in an alleged cyber fraud case primarily on the basis of information obtained from a centralized portal and the reference to certain bank accounts, without any speci7c material demonstrating his direct involvement in the alleged fraudulent transactions; coupled with the fact that the investigation has been completed and the charge-sheet has already been 7led before the competent Court; further considering that the applicant is in judicial custody since 26.03.2025 and no further custodial interrogation is required; and also taking note of the fact that similarly placed co- accused persons have already been enlarged on bail by this Court as well as by the Hon’ble Supreme Court, thereby entitling the present applicant to the bene7t of parity; without expressing any 5 opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 10. Accordingly, the bail application of the applicant is allowed. 11. Let the applicant – Ajay Kumar Thakur, involved in Crime No. 78/2025 registered at Police Station- Azad Chowk, District Raipur (C.G.), for the o<ence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of BNS, be released on bail on his furnishing a personal bond with two sureties, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 7le an undertaking to the e<ect that he shall not seek any adjournment on the dates 7xed 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 7xed, either personally or through his counsel. In case of his absence, without suCcient 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 7xed in such 6 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 7xed 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 suCcient 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. 12. OCce is directed to send a certi7ed copy of this order to the trial Court for necessary information and compliance. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal