Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:3410
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 710 of 2026 Rukhmani Basod W/o Munnilal Basod Aged About 75 Years R/o Prabhat Chowk, Chingrajpara, Sarkanda, Bilaspur, Tah. And Dist. - Bilaspur (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through P.S. - Cyber Thana, Bilaspur, Dist. Bilaspur (C.G.)
... Respondent(s) For Applicant(s) : Mr. Satyendra Srivas, Advocate For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 20.01.2026
1. The applicant has preferred this Second Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 09/2025, registered at Police Station- Cyber Thana, Bilaspur, Dist.- Bilaspur (C.G.) for the offences punishable under Sections 61(2), 317(5), 318(4), 323, 111(1)(4) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
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2. As per the prosecution story, the applicant along with other co- accused person has committed cyber fraud, by receiving money from public for cricket online betting, Ludo online game, online job and insurance, through 21 bank accounts in which total amount of Rs.6,46,72,004/- has been transferred from 04.12.2023 to 13.05.2025, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application
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Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 25.07.2025 in MCRC No.4894/2025, therefore this second bail application is filed on the ground that co-accused persons, namely, Karan Singh and Lata Tolani who are similarly situated with respect to the allegations and the nature of the offence, has been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 13305 of 2025 and 15042/2025, vide order dated 14.10.2025 and 12.11.2025, respectively and thereafter 12 other co-accused have been granted bail by this Court on the ground of parity. The principle of parity in bail is a well-established legal position, whereby similarly placed accused persons should ordinarily be treated alike, unless there exists a material distinction justifying differential treatment. He further submitted that the applicant is languishing in jail since 10.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on
3 regular bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted regular bail by the Hon'ble Supreme Court and thereafter 12 co-accused persons have already been enlarged on bail by this Court on the ground of parity. 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, nature and gravity of allegation levelled against the applicant and the fact that the co-accused persons, namely, Karan Singh and Lata Tolani who are similarly situated with respect to the allegations and the nature of the offence, has been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 13305 of 2025 and 15042/2025, vide order dated 14.10.2025 and 12.11.2025, respectively, and thereafter 12 of the co-accused person have already been granted bail by this Court on the ground of parity, as such the principle of parity in bail cannot be overlooked, the applicant is similarly situated with respect to the allegations and the nature of the offense, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7.
7. Let applicant, Rukhmani Basod, involved in Crime No. 09/2025,
4 registered at Police Station- Cyber Thana, Bilaspur, Dist.- Bilaspur (C.G.) for the offences punishable under Sections 61(2), 317(5), 318(4), 323, 111(1)(4) 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 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person,
5 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. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha)
Chief Justice Akhil