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2026 DAILYLAW 7249 (CHH)

MANISH KUMAR YADAV v. STATE OF CHHATTISGARH

MCRC/2219/2026 · 2026-04-21

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Judgment text

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1 2026:CGHC:18428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2219 of 2026 Manish Kumar Yadav S/o Dhuleshwar Prasad Aged About 38 Years R/o House No. 25/665 Pandri Talab, Near Shiv Mandir, District Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Civil Lines, Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Hemant Thakur, Advocate For Non-applicant/State : Mr. Nitansh Kumar Jaiswal, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.04.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2025 registered at Police Station- Civil Lines, Raipur, District - Raipur, (C.G.) for the offence punishable under Sections 111, 317(2), 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that for the prevention of cyber crime, the Government of India has established a Cyber Crime RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Reporting Portal through which victims can report incidents of cyber fraud. On the basis of information received through the said portal, it came to light that as many as 128 bank accounts opened in different branches of Bank of Maharashtra at Raipur (IFSC Codes: MAHB0001928, MAHB0000439, MAHB0002335 and MAHB0002400) were being used for receiving proceeds of cyber fraud. Acting upon the said information and in compliance with the directions issued by the Police Headquarters, Police Station Civil Lines, Raipur registered Crime No. 129/2025 under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS. Subsequently, a case was registered against the holders of the said 128 bank accounts, treating them as “mule accounts”, and the matter was thereafter transferred to the Cyber Crime Police Station, Raipur for further investigation on the allegation that these accounts were being used by cyber criminals for routing and transferring fraudulent funds. It is further alleged that a sum of Rs.1,12,38,794/- was deposited in the applicant’s bank account bearing No. 60490846002 in Bank of Maharashtra. It is also alleged that the complainant, Isha Devi, was defrauded to the tune of ₹1,400/-, as reported vide Acknowledgement No. 31903240041088 on the Cyber Crime Portal/1930 of the Ministry of Home Affairs, Government of India, and that three other persons were also defrauded. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that similarly situated co-accused, 3 namely, Ishika Singh has already been granted bail by the Hon’ble Supreme Court in SLP (Cr.) No. 13678/2025 vide order dated 13.10.2025 (Annexure A-4), and another co-accused, namely Avinash Tandekar, has also been granted bail by this Hon’ble Court vide order dated 08.01.2026 passed in M.Cr.C. No. 148/2026 (Annexure A-3), and the allegations levelled against the present applicant are similar in nature, and the applicant is also entitled to the benefit of bail on the ground of parity. He also submits that the applicant has no criminal antecedents, and he is in jail since 26.03.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Court as well as Hon’ble Supreme Court and the case of the present applicant is identical to that of the co-accused. 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, nature and gravity of offence, the fact that though the present applicant along with other co-accused persons were committed cyber fraud, but other co-accused, namely, Ishika Singh has already been granted bail by the Hon’ble Supreme Court in SLP (Cr.) No. 13678/2025 vide order dated 13.10.2025 (Annexure A-4), 4 and another co-accused, namely Avinash Tandekar, has also been granted bail by this Court vide order dated 08.01.2026 passed in M.Cr.C. No. 148/2026 (Annexure A-3), and the case of present applicant is identical to that of the co-accused persons, further the charge-sheet has been filed in the present case and he is jail since 26.03.2025, the conclusion of the trial will take some more time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Manish Kumar Yadav, involved in Crime No. 129/2025 registered at Police Station- Civil Lines, Raipur, District - Raipur, (C.G.) for the offence punishable under Sections 111, 317(2), 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 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 5 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. 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 Rahul Dewangan