1 2026:CGHC:19007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2587 of 2026 1 - Avesh S/o Shri Abdul Rauf Khan, Aged About 24 Years R/o Street No. 01, Police Station - City Kotwali Rajandgaon, District- Rajnandgaon (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer Of The Police Station - City Kotwali Rajnandgaon, District Rajnandgaon (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Mirza Hafeez Baig, Advocate For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 84/2026, registered at Police Station – City Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 317(5), 111 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.04.25 20:28:31 +0530 2 2. As per the prosecution case, on 09.07.2025, information was received from the Ministry of Home Affairs portal regarding mule bank accounts involved in cyber fraud, pursuant to which it was found that an amount of ₹1,44,015/-, out of the defrauded sum of ₹1,53,340/- reported by the complainant, had been credited into certain accounts in UCO Bank, Rajnandgaon. Investigation revealed that one such account was opened by the present applicant, and a substantial amount suspected to be proceeds of cyber fraud had been credited therein. It is alleged that the applicant, in connivance with a co-accused, knowingly allowed his account to be used for receiving and transferring fraudulently obtained money, thereby acting as part of a cyber fraud syndicate. Hence this application for bail. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and no specific, direct, or overt act has been attributed to him in the FIR. The amount alleged by the prosecution to be proceeds of criminal conspiracy, in fact, belongs to the applicant himself. It is further submitted that the prosecution has failed to place any material on record to establish that the mobile number in question belongs to or was used by the applicant, and in the absence of such primary evidence, the allegation regarding contact with the complainant is wholly baseless and does not disclose any direct involvement. Learned counsel further submits that the applicant has been in judicial custody since 06.02.2026 and his continued detention 3 serves no useful purpose. It is also argued that even as per the prosecution case, the role attributed to the applicant, if any, is minimal, unintentional, and devoid of mens rea, and mere invocation of serious provisions cannot substitute the lack of substantive evidence. It is further submitted that the applicant is a first-time offender with no criminal antecedents, and there is no likelihood of his indulging in any offence if released on bail. It is lastly submitted that the applicant is ready and willing to furnish adequate surety and to abide by all conditions that may be imposed by this Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. In compliance with the order dated 19.03.2026 of this Court, the Investigating Officer Shri Milan Singh has filed his personal affidavit and the relevant paragraph as under:- “10. That, during the course of investigation, the holder of UCO Bank account number 22500110081549, namely Avesh, the present applicant was contacted on his mobile number, called for inquiry/investigation and served with a notice under Section 94 of Bharatiya Nagarik Suraksha Sanhita, 2023 directing him to produce his bank account 4 and ATM card. In the notice, he stated that he did not have any ATM card or bank account. The acknowledgement number 22912240101094 was generated against accused Avesh's account number 22500110081549. The related cyber complaint was lodged by complainant Vikas Kumar Bipul in Tamil Nadu, in which the complainant suffered a cyber fraud loss of ₹1,53,324. The accused account holder had opened the account on 07.12.2024, knowing that it would be used for cyber cheating and had knowingly made it available.” 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further considering that no criminal antecedents are reported against him, this Court finds that the charge-sheet has already been filed and the applicant has been in judicial custody since 06.02.2026. It is also pertinent to note that the conclusion of trial is likely to take considerable time. In such circumstances, without commenting on the merits of the case, this Court is inclined to allow the present application. 5 7. Let applicant, Avesh, involved in Crime No.84/2026, registered at Police Station – City Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 317(5), 111 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (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 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. 6 (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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saxena