1 2026:CGHC:2292 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8775 of 2025 • Omprakash Sahu S/o Shivshankar Aged About 21 Years R/o Village Patarapali, Police Station Ramanujnagar, District Surajpur (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Of Police Station Ramanujnagar (Shrinagar), District Surajpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pravin Kumar Tulsiyan, Advocate For Respondent/State : Mr. Priyank Rathi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2026 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. 48/2025, registered at Police Station – Ramanujnagar (Shrinagar), District – Surajpur (C.G.) for the offence punishable under Sections 317(4), 318(2), 61(2)(a) of BNS and Section 66(D) of Information Technology Act. 2. The case of the prosecution, is that during the investigation, during the investigation, by the police the documents received and after VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.16 11:00:34 +0530 2 verifying the documents, which was found that in the account of applicant, who is one of the accused in this case received the amount of cyber fraud as in three different state, the online fraud was committed and the amount of Rs.24,900/- was deposited in the account of present applicant. The the present applicant was arrested by the police and in his memorandum statement, he stated that he has been offered commission by Yogendra Kumar Sahu and under the temptation that he will receive the amount of commission in his account regularly he provided his account number to the co-accused Yogendra Kumar Sahu and Yogendra Kumar Sahu gave him sum of Rs.5000/- as commission, subsequently the matter being investigated by the police and the applicant has been arrested for the commission of alleged offences. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that there is no involvement of the applicant with regard to the commission of alleged offences as he has been asked by Yogendra Kumar Sahu to provide his account detail and in lieu of that he will receive amount of commission, so prima- facie the involvement of the present applicant with the ulterior motive has not been proved by the prosecution. He also submits that the only allegation made against the applicant that he provided his account number and ATM Card to Yogendra Kumar Sahu and in lieu of that he received a sum of Rs.5000/-, so prima-facie there is no involvement of applicant with regard to the commission of alleged offence and the entire allegation leveled against Yogendra Kumar. He also submits that the applicant is in jail since 01.04.2025 and trial is 3 likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the 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 not been filed in this case. It is also submitted that in compliance of this Court’s order dated 04.11.2025, investigating Officer has filed affidavit in the present case. 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, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, the applicant is in jail since 01.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Omprakash Sahu involved in Crime No.48/2025, registered at Police Station – Ramanujnagar (Shrinagar), District – Surajpur (C.G.) for the offence punishable under Sections 317(4), 318(2), 61(2)(a) of BNS and Section 66(D) of Information Technology Act, 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 4 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. 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 vaishali