Citation : 2026 Latest Caselaw 400 Chatt
Judgement Date : 12 March, 2026
1
2026:CGHC:11965
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2327 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
Digitally
AKHILESH signed by
Vishrampur, District Surajpur, Chhattisgarh.
KUMAR AKHILESH
DEWANGAN KUMAR
... Applicant(s)
DEWANGAN
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Surajpur, District Surajpur, Chhattisgarh.
... Respondent(s)
For Applicant(s) : Mr. Sajal Kumar Gupta, Advocate. For Respondent(s) : Ms. Vaishali Mahilang, Dy. G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/03/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for
grant of regular bail to the applicant who has been arrested in
connection with Crime No. 323/2025 registered at Police Station
Surajpur, District Surajpur (C.G.) for the offence punishable under
Sections 413, 420, 120-B/34 of the Indian Penal Code.
2. Case of the prosecution, in brief, is that the applicant, along with
other co-accused persons, allegedly induced certain account
holders to provide their bank accounts, ATM cards and mobile
SIM cards on some pretext, which were subsequently misused in
connection with an online cheating/cyber fraud case. It is alleged
that the said bank accounts and related instruments were used by
unknown persons for carrying out illegal financial transactions,
resulting in an alleged loss of Rs. 2,23,393/-. On the basis of the
said allegations, the applicant has been implicated in the present
crime. Hence, the bail application.
3. Learned counsel for the applicant submits that the applicant has
not committed any offence and he has been falsely implicated in
offence in question. He further submits that similarly situated co-
accused, namely, Ranjeet Singh @ Ranjeet Singh has already
been granted bail by this Court vide order dated 23.02.2026 in
MCRC No.35 of 2026. The applicant is in jail since 11.11.2025,
the applicant has two criminal antecedents, out of which, in case
under the BNS, the applicant has been granted bail by this Court
vide order dated 10.03.2026 in MCRC No.2221 of 2026 and case
under the IPC, the applicant has been granted bail by this trial
Court, further charge-sheet has been filed and the trial is likely to
take some time for its conclusion. Therefore, he prays for grant of
bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail
application and submits that the charge-sheet has been filed in
the present case. She further submits that the applicant along with
other co-accused persons, induced certain account holders to
provide their bank accounts, ATM cards and mobile SIM cards,
which were subsequently used as mule accounts for carrying out
online cheating/cyber fraud, resulting in an alleged loss of Rs.
2,23,393/-. Furthermore, the applicant has two criminal
antecedents under the IPC and BNS, therefore, the applicant is
not entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of offence, period of detention of the applicant
since 11.11.2025, the fact that though the applicant allegedly
facilitated the use of bank accounts, ATM cards and SIM cards for
committing online cyber fraud, resulting in an alleged loss of Rs.
2,23,393/-, but considering the fact that similarly situated co-
accused, namely, Ranjeet Singh @ Ranjeet Singh has already
been granted bail by this Court vide order dated 23.02.2026 in
MCRC No.35 of 2026, the applicant has two criminal antecedents,
out of which, in case under the BNS, the applicant has been
granted bail by this Court vide order dated 10.03.2026 in MCRC
No.2221 of 2026 and case under the IPC, the applicant has been
granted bail by this trial Court and charge-sheet has been filed in
the present case, this Court is of the view that the applicant is
entitled to be released on bail in this case.
7. Accordingly, the application is allowed.
8. Let the Applicant-Shashibhushan Kumar Sinha Alias Munna
Sinha, involved in Crime No. 323/2025 registered at Police
Station Surajpur, District Surajpur (C.G.) for the offence
punishable under Sections 413, 420, 120-B/34 of the Indian Penal
Code, 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 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.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE
Akhil
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