Citation : 2026 Latest Caselaw 286 Chatt
Judgement Date : 10 March, 2026
1
2026:CGHC:11453
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2221 of 2026
Shashibhushan Kumar Sinha Alias Munna Sinha S/o Amar Sinha Aged About
26 Years R/o Quarter No. 45 Kumda Colony, Police Station Vishrampur, District
Surajpur, Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station Surajpur,
District Surajpur, Chhattisgarh.
... Non-applicant
For Applicant : Mr. Sajal Kumar Gupta, Advocate.
For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate.
Digitally
signed by
ABHISHEK
ABHISHEK
SHRIVAS
Hon'ble Mr. Ramesh Sinha, Chief Justice
SHRIVAS Date:
2026.03.11
11:39:20
+0530
Order on Board
10.03.2026
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. 322/2025 registered
at Police Station Surajpur, District Surajpur (C.G.), for the offences
punishable under Sections 317(4), 318(2) and 61(2)(A) of the Bhartiya
Nyaya Sanhita, 2023.
2. The brief story of the prosecution is that, based on several complaints
lodged by the victims at the Indian Cyber Crime Coordination Centre
regarding cyber fraud, and pursuant to the directions of the higher
authorities, the police of Police Station Surajpur initiated an investigation.
During the course of investigation, the police arrested the co-accused
and registered an FIR bearing Crime No. 322/2025 under Sections
317(4), 318(2), and 61(2)(a) of the B.N.S. Subsequently, on the basis of
their memorandum statements, the present applicant, along with other
co-accused persons, was arrested on 13.11.2025. It is alleged that the
applicant, along with the other co-accused persons, misappropriated the
accounts of the victims, carried out illegal transactions, and committed
fraud amounting to Rs. 52,790/-.
3. Learned counsel for the applicant submits that the present applicant is an
innocent person and has been falsely implicated in the aforesaid case.
He further submits that the applicant has 02 criminal antecedents except
the present case, in 01 case he has already been granted regular bail.
He also submits that the other co-accused person, namely Ranjeet Singh
@ Ranjeet Singh, vide order dated 23.02.2026 passed in MCRC No. 27
of 2026 has already been granted regular bail by this Court. Therefore, it
is submitted that the present applicant is also entitled to be released on
regular bail on the ground of parity.
4. On the other hand learned State counsel opposes the bail application of
the present applicant and submits that the charge-sheet has already
been submitted in the present case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case,
particularly that the co-accused person, namely Ranjeet Singh @
Ranjeet Singh, vide order dated 23.02.2026 passed in MCRC No. 27 of
2026 has already been granted regular bail by this Court, further
considering that the charge-sheet has already been filed before the
competent Court, that the applicant has been in jail since 11.11.2025,
and that the conclusion of the trial may take considerable time, this Court
is of the view that the present applicant is entitled to be released on bail
on the ground of parity.
7. Let the Applicant - Shashibhushan Kumar Sinha Alias Munna
Sinha, involved in Crime No. 322/2025 registered at Police Station
Surajpur, District Surajpur (C.G.), for the offences punishable under
Sections 317(4), 318(2) and 61(2)(A) of the Bhartiya Nyaya Sanhita,
2023, be released on bail on his furnishing 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 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
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