1 2026:CGHC:1169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10384 of 2025 Satyanarayan Kumhar S/o Late Hemant Kumar Aged About 35 Years R/o Shriram Maidan, Santoshi Nagar, Raipur, District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Civil Lines Raipur, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Navin Shukla, Advocate. For Non-Applicant/State : Mr. Dharmesh Shrivastava, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2026 1. The applicant has preferred this Second 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.44/2025 registered at Police Station Civil Line Raipur, District - Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Earlier the First Bail Application of the applicant was rejected by this Court vide order dated 16.07.2025 in MCRC No. 5541/2025, on merit. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.09 16:13:31 +0530 2 3. The prosecution story, in brief, is that charges have been framed against the accused persons under Sections 317(2), 317(4), 317(5) read with Section 3(5) and Section 111 of the BNS, based on prima facie evidence indicating the commission of the offencee. The accused persons are alleged to have opened a bank account with Utkarsh Small Finance Bank, Civil Lines Branch, Raipur, and fraudulently obtained a SIM card without the complainants' knowledge, which was then used to commit cyber fraud to obtain money. The accused persons are alleged to have acted in connivance with other individuals in furtherance of the offence. The alleged offences are of a serious nature, and cybercrime is reported to be on the rise, affecting a large number of victims. Thereafter, charge sheet has been filed as a prima facie case has been made out against the accused persons. Hence, this application. 4. Learned counsel for the applicant submits that the applicant have been falsely implicated in the case. It is further submitted that a similarly situated co-accused, namely Harmeet Singh @Yashmit, Saurabh Pal and Tanishq Singh Bhatia and Shubham Singh Thakur, have already been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 15006/2025, 12849/2025, 15613/2025 and 17452/2025 vide order dated 19.11.2025, respectively, and on the same ground the co-accused namely Om Arya and Amar Raj Keshari have been granted bail by this Court vide order dated 27.11.2025, 08.12.2025 passed in MCRC Nos. 9388/2025 and 10042/2025, and other co-accused have also been granted bail by this Court on the same ground in MCRC Nos.10383/2025, 10437/2025, 10402/2025, 10389/2025, 10435/2025, 10434/2025, 10414/2025, 10413/2025, 10410/2025, 3 10403/2025, 10399/2025, 10393/2025, 10390/2025 and 10385/2025 on 19.12.2025. In view of the principle of parity, learned counsel prays that the applicants may also be enlarged on bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the information was received through cyber crime reporting portal coordination that 104 bank accounts have been accounts have been opened in Utkarsh Small Finance Bank Branch Civil Lines Raipur IFSC Code UTKS0001400 which are being used to received money from cyber fraud, as per the instruction received from Police Headquarters, a letter along with the details of the above incident was sent to Civil Lines Police Station, Raipur (C.G.), thereafter the FIR was registered against 104 bank accounts holder including the applicant and the applicant was arrested by the Police of concerned Police Station concerned, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the charge-sheet has been filed against the applicant, and further the fact that a similarly situated co-accused, namely Harmeet Singh @Yashmit, Saurabh Pal and Tanishq Singh Bhatia and Shubham Singh Thakur, have already been enlarged on bail by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) Nos. 15006/2025, 12849/2025, 15613/2025 and 17452/2025 vide order dated 19.11.2025, respectively, and on the same ground the co-accused namely Om Arya and Amar Raj Keshari have been granted bail by this Court vide order dated 4 27.11.2025, 08.12.2025 passed in MCRC Nos. 9388/2025 and 10042/2025, and other co-accused have also been granted bail by this Court on the same ground in MCRC Nos.10383/2025, 10437/2025, 10402/2025, 10389/2025, 10435/2025, 10434/2025, 10414/2025, 10413/2025, 10410/2025, 10403/2025, 10399/2025, 10393/2025, 10390/2025 and 10385/2025 on 19.12.2025. 8. In view of the principle of parity and considering the submissions that the applicants have been falsely implicated, this Court is of the view that the applicants are also entitled to the benefit of bail. While the offences alleged are serious, the applicants' release on bail shall be subject to appropriate conditions to ensure that the trial proceeds without obstruction and that the applicant does not influence witnesses or tamper with evidence. Accordingly, the instant second bail application of the applicant is allowed. 9. Let applicant, Satyanarayan Kumhar, involved in Crime No.44/2025 registered at Police Station - Civil Line Raipur, District - Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the 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, 5 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. 10. 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 Preeti