1 2026:CGHC:1043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9117 of 2025 Anish Kumar S/o Santosh Kumar Ravi Aged About 21 Years R/o - Village - Gadbadee, P.S. And Tahsil - Baikunthpur District - Koriya (C.G.)... Applicant versus State Of Chhattisgarh Through - Arakshi Kendra, Surajpur, District - Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Arun Kumar Yadav, Advocate. For Non-applicant/State : Mr. Dharmesh Shrivastava, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 249/2025, registered at Police Station – Surajpur District – Surajpur (C.G.) for the offence punishable under Sections 317(4), 318(2) & 61(2)(A) of the BNS and Section 66(D) of the Information Technology Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.08 12:08:00 +0530 2 2. The prosecution story in brief, is that on the occurrence of the cyber fraud, various victims have lodged their complaints through online medium layer-1 operated in various bank branches. In co-ordination with the Samanvaya portal operated by Indian Cyber Crime Co- ordination Centre (in short 14C). Thereafter, in relation to take action on this regard, the copy of complaints received by the Office of Inspector General of Police Raipur Chhattisgarh. On such complaint the investigation was carried out and during investigation it was revealed that, one of the Co-accused namely Anand Kumar Kurre and Narendra Kurre have used Bank of Maharastra and two other co- accused namely Pushpendra Patel and Priyanshu Patel (now both dead) account of Axis bank was used as mule accounts. Moreover, as per the investigation and final report filed by the investigating agency on 18 complaints letter the total about 10 bank accounts were used and sum of total 3,99,800/- (three lakh ninety nine thousand eight hundred Rupees) transaction was made in cyber fraud. Hence, this bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that the investigating agency has failed to collect any cogent or material evidence against the applicant, and the investigation itself suffers from several discrepancies; despite this, the applicant has been arrested without any justifiable or lawful reason. It is further submitted that the applicant has no role whatsoever in the present offence, and no incriminating material such as bank account statements or any other documentary evidence has been seized to 3 indicate his involvement. The arrest of the applicant is based solely on a memorandum statement, and the prosecution’s case against him rests merely on the statement of a co-accused, which is the weakest form of evidence in the eyes of law. The applicant is a permanent resident of the address mentioned in the cause title, possesses movable and immovable property, and therefore there is no likelihood of his absconding. The applicant undertakes to furnish adequate surety and to abide by all the terms and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case and that the applicant has committed fraud; therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court, that the applicant has no criminal antecedents, and that he has been in judicial custody since 03.07.2025, and as the conclusion of the trial may take some more time, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Anish Kumar, involved in Crime No. 249/2025, registered at Police Station – Surajpur District – Surajpur (C.G.) for 4 the offence punishable under Sections 317(4), 318(2) & 61(2)(A) of the BNS and Section 66(D) of the Information Technology Act., be released on bail on furnishing personal bond with two local 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 her, 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 her 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/- Sd/- (Ramesh Sinha) Chief Justice vaibhav