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2026 DAILYLAW 9459 (CHH)

BHANU PRATAP SEN v. STATE OF CHHATTISGARH

MCRC/2498/2026 · 2026-04-22

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Judgment text

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1 2026:CGHC:18721 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2498 of 2026 Bhanu Pratap Sen S/o Late Rohit Sen Aged About 28 Years R/o Ward No. 11, Tuta Bajrang Chowk, Uparwara, Police Station Abhanpur, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station-Range Cyber Police Station, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2026 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. 79/2025, registered at Police Station – State of Chhattisgarh, through Police Station Range Cyber Police Station, District - Raipur(C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution, multiple accused persons allegedly deposited amounts obtained through cyber fraud into their respective bank accounts. It is alleged that a total amount of Rs. 27,27,556/- was 2 deposited in different accounts of the accused persons, including that of the present applicant, with knowledge that the said amount was fraudulently obtained. It is respectfully submitted that the applicant has no direct role in the alleged cyber fraud, nor is there any allegation that the applicant committed the principal offence. The applicant has been implicated solely on the basis of alleged transactions, without any mens rea or direct involvement. The applicant was arrested on 20.05.2025 by the State of Chhattisgarh through Police Station, Cyber Range Raipur, District Raipur (Chhattisgarh), for the alleged offences punishable under Sections 317(2), 317(4), 317(5), and 111 of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further submitted that a similarly situated co-accused, namely Bhagawat Prasad Shukla, has already been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 20364/2025, vide order dated 16.01.2026. Subsequently, on the same grounds, another co-accused, namely Ayush Pandey, has been granted bail by this Court vide order dated 13.02.2026 passed in MCRC No. 1586/2025. In view of the principle of parity, learned counsel prays that the applicant may also be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the case, however, she could not dispute the fact that the co-accused have been granted bail by the Hon’ble Supreme Court and by this Court. 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 3 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 Bhagawat Prasad Shukla, has already been enlarged on bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. 20364/2025, vide order dated 16.01.2026. Subsequently, on the same grounds, another co-accused, namely Ayush Pandey, has been granted bail by this Court vide order dated 13.02.2026 passed in MCRC No. 1586/2025, hence this Court is of the considered view that, on the ground of parity, the present applicant also deserves to be released on bail. 7. Let applicant, Bhanu Pratap Sen, involved in Crime No. 79/2025, registered at Police Station – State of Chhattisgarh, through Police Station Range Cyber Police Station, District - Raipur(C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of Bharatiya Nyaya Sanhita, 2023, 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 4 269 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 Abhishek