1 2026:CGHC:5994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1131 of 2026 Domar Dhivar S/o Shri Naresh Dhivar Aged About 24 Years R/o Hadipara, Azad Chawk Raipur, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Azad Chowk, Raipur District - Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Ms. Deepali Gupta, Advocate. For Respondent(s) : Ms. Anusha Naik, Gy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2026 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. 78/2025 registered at Police Station Azad Chowk, Raipur District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that information was received from the Ministry of Home Affairs, Government of India, through the Cyber Crime Coordination Centre, regarding the involvement of several mule bank accounts used for committing cyber fraud and cheating. Data reflected on the coordination portal revealed that 21 bank accounts of Indian Overseas Bank, Bamta Colony Branch, Raipur, were used for fraudulent transactions amounting to ₹24,86,762.13/-. On the basis of this information, FIR was registered at Police Station Arad Chowk, District Raipur, and investigation was initiated. 3. During investigation, it was found that one of the said bank accounts, bearing Account No. 298401000004170 of Indian Overseas Bank, Raipur, was in the name of the present applicant, in which an amount of Rs.10,29,047/- was deposited. Further, specific transactions of Rs.43,950/- and Rs.12,000/- dated 06.01.2025 were linked with a cyber fraud complaint lodged by the complainant on the Cyber Crime Portal of the Ministry of Home Affairs. On the basis of these allegations, the applicant was arrested and, after completion of investigation, charge-sheet was filed against him under Sections 317(2), 317(4), 317(5), 111, and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in 3 offence in question. She further submits that identically situated co-accused, Kavita Mechke, after her bail application was rejected by this Court vide order dated 20.08.2025 in MCRC No. 6589/2025, preferred a Special Leave Petition bearing SLP(Crl.) No. 18637/2025, which was allowed vide order dated 07.01.2026, and she was accordingly granted bail. The applicant is in jail since 26.03.2025, the applicant has no criminal antecedent, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have held a bank account that was used as a mule account in a cyber fraud scheme involving multiple accounts and cheating of investors. He is accused of dishonestly receiving, retaining, or assisting in concealing fraudulently obtained money and of being associated with other persons in furtherance of a common intention to commit cyber fraud, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 26.03.2025, the fact that though the applicant is alleged to 4 have held a bank account that was used as a mule account in a cyber fraud scheme involving multiple accounts and cheating of investors. He is accused of dishonestly receiving, retaining, or assisting in concealing fraudulently obtained money and of being associated with other persons in furtherance of a common intention to commit cyber fraud, but considering the fact that identically situated co-accused, Kavita Mechke, after her bail application was rejected by this Court vide order dated 20.08.2025 in MCRC No. 6589/2025, preferred a Special Leave Petition bearing SLP(Crl.) No. 18637/2025, which was allowed vide order dated 07.01.2026, and she was accordingly granted bail and the fact that the applicant has no criminal antecedent, further the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. Let the Applicant-Domar Dhivar, involved in Crime No. 78/2025 registered at Police Station Azad Chowk, Raipur District - Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) 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 5 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. (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil