1 2026:CGHC:6326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1218 of 2026 Mohammad Aktar S/o Akbar Ali Aged About 23 Years R/o Amanaka, Beside Hotel City Pride, Afroz, Khans House No, P.S. Amanaka, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Kumhari, District Durg (C.G. ... Respondent For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-Applicant/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2026 1. This is the Second bail application 3led 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. 163/2025 registered at Police Station – Kumhari, District – Durg (C.G.), for the o:ence punishable under Sections 317(2), 318(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 8868 of 2025 was rejected on merits by this Court vide order dated 10.12.2025. 3. As per the prosecution case, the complainant, Sub-Inspector Yogesh Kumar Verma of Police Station Kumhari, received information through ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.06 11:08:23 +0530 2 the Coordination Portal operated by the Ministry of Home A:airs regarding a mule account linked to Acknowledgement No. 31908250140708. It is alleged that Nisha Behera, wife of Babloo Behera and holder of SBI Account No. 43115571158, Kumhari Branch, opened the said account by submitting her personal identity documents such as Aadhaar Card, PAN Card, etc. It is further alleged that she knowingly allowed her account to be used for receiving amounts obtained through online cyber fraud, with the intention of earning illegal money and enhancing her assets. An amount of Rs. 4,50,002/-, stated to be the proceeds of cyber fraud, was deposited in her account, and the said fraudulently obtained amount was received by the present applicant. 4. Learned counsel for the applicant submits that this is the second bail application 3led on his behalf, as the 3rst bail application was rejected on merits by this Court vide order dated 10.12.2025 in MCRC No. 8868 of 2025. He submits that the applicant has been arrayed as an accused solely on the basis of the memorandum of the co-accused. He further submits that the main accused, Nisha Behera, who opened the bank account on 03.07.2024 using her own documents and knowingly received the illegal amount in her account, has already been granted bail by the learned trial Court. He also submits that on 23.12.2025, the learned JMFC, Bhilai-3, District Durg, directed the Investigating OBcer to further investigate the case and speci3cally mention the role of the accused persons, and to 3le a supplementary charge-sheet under Section 193(3). The applicant has been languishing in jail since 29.08.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application 3led on behalf of the applicant. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly that this is the second bail application 3led on behalf of the applicant, the 3rst having been rejected on merits by this Court vide order dated 10.12.2025 in MCRC No. 8868 of 2025, further, that on 23.12.2025 the learned JMFC, Bhilai-3, District Durg, directed the Investigating OBcer to conduct further investigation and speci3cally mention the role of the accused persons and to 3le a supplementary charge-sheet under Section 193(3), and that the applicant has been languishing in jail since 29.08.2025, while 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. 8. 8. The Second Bail Application of the Applicant – Mohammad Aktar, involved in Crime No. 163/2025 registered at Police Station – Kumhari, District – Durg (C.G.), for the o:ence punishable under Sections 317(2), 318(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 3le an undertaking to the e:ect that he shall not seek any adjournment on the dates 3xed 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 3xed, either personally or through his counsel. In case of his absence, without suBcient cause, the trial court may proceed against his under Section 269 4 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 3xed in such proclamation, then, the trial court shall initiate proceedings against his, 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 3xed 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 suBcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 9. OBce is directed to send a certi3ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek