1 2026:CGHC:20519 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3007 of 2026 Gopal Kumar Sharma S/o Late Haridev Vishvkarma Aged About 30 Years R/o- Dauchalak Nagala Malsalami P.S. Malsalami- District- Patna (Bihar) ...Applicant versus State Of Chhattisgarh Through Sho, P.S- Range Cyber Police Jagdalpur District- Bastar (Chhattisgarh) ... Respondent For Applicant : Mr. Madhunisha Singh, Advocate For State/ Respondent : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.01/2025, registered at Police Station : Range Cyber ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.04 17:57:16 +0530 2 Police Jagdalpur, District- Bastar (C.G.) for the offence punishable under Sections 318(4), 319, 338, 61(2), 336(3), and 340(2) of the Bharatiya Nyaya Sanhita, and 66(C) and 66(D) of IT Act (as per Challan). 2. The prosecution case, in brief, is that the complainant, Devansh Kumar Bajaj, lodged a report alleging that between 28.03.2025 and 14.04.2025, unknown persons impersonating representatives of ‘Nykaa’ contacted him through fake email IDs and induced him to deposit a total amount of ₹11,65,500/- in different bank accounts on the pretext of providing franchise of the said company. On the basis of the said complaint, the FIR was registered and during investigation, the aforesaid offences were added. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case on the basis of omnibus allegations without any substantive evidence. It is submitted that the applicant has no knowledge of the alleged offence and has not sent any email or communication to the complainant. It is further submitted that the bank accounts involved do not belong to the applicant and there is no material connecting him with the alleged transactions. The applicant is in 3 custody since 23.08.2025, the charge-sheet has already been filed, and similarly placed co-accused have been granted bail. The applicant is a permanent resident having no criminal antecedents and there is no likelihood of absconding or tampering with evidence. Hence, it is prayed that he be released on bail. Therefore, he prays for grant of regular bail to the applicant. 4. Per contra, learned State counsel opposes the application and submits that the applicant is resident of Bihar and involved in a well-organized cyber fraud and the material collected during investigation discloses a prima facie case against him. It is further submitted that the offence involves cheating of a substantial amount through electronic means and the investigation has revealed links of the applicant with the transactions in question. Considering the seriousness of the offence and possibility of tampering with electronic evidence, the applicant is not entitled to bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, and the material available on 4 record, this Court finds that the case is primarily based on documentary and electronic evidence. The applicant is in custody since 23.08.2025 and has already undergone sufficient period of detention. The charge-sheet has been filed and at this stage further custodial interrogation does not appear to be necessary. There is no material to indicate that the applicant is likely to abscond or tamper with the evidence. Accordingly, this Court is of the considered view that the applicant is entitled to be released on regular bail. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Gopal Kumar Sharma, involved in Crime No.01/2025, registered at Police Station : Range Cyber Police Jagdalpur, District- Bastar (C.G.) for the offence punishable under Sections 318(4), 319, 338, 61(2), 336(3), and 340(2) of the Bharatiya Nyaya Sanhita, and 66(C) and 66 (D) of IT Act (as per Challan) 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 5 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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail 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. 6 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Arpan