Citation : 2026 Latest Caselaw 574 Chatt
Judgement Date : 16 March, 2026
1
2026:CGHC:12528
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 1420 of 2026
MUDALIAR
Jitesh Das S/o Rakesh Masiha Aged About 35 Years R/o Near Shiv Mandir,
Digitally signed by
GOURI
MUDALIAR Pandritarai, District Raipur C.G. ... Applicant
Date: 2026.03.17
15:18:00 +0530
versus
State Of Chhattisgarh Through Station House Officer, Police Station Civil
Lines, District Raipur C.G . .. Respondent
For Applicant : Shri Abhyuday Tripathi, Advocate.
For : Shri Soumya Rai, Dy.G.A.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
16/03/2026
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.44/2025 registered at Police Station Civil Lines, District Raipur
(C.G.) for the offence punishable under Sections 317(2), 317(4),
317(5), 111 & 3(5) of Bhartiya Nyaya Sanhita, 2023.
2. Case of the prosecution, in brief, is that information received through
the Cyber Crime Reporting Portal and 1930 Helpline revealed a large-
scale cyber fraud involving 104 bank accounts in Utkarsh Small
Finance Bank, Civil Lines Branch, Raipur, allegedly used as mule
accounts to receive and transfer proceeds of cyber fraud. On this
basis, Crime No. 44/2025 was registered at Police Station Civil Lines,
Raipur under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023, and the investigation was transferred
to the Range Cyber Police Station, Raipur. During investigation, it was
alleged that several mobile SIM cards were fraudulently activated and
used in the operation of the said cyber fraud. The prosecution further
alleges that the present applicant, acting as an Airtel agent, facilitated
the activation of 40-50 SIM cards in favour of co-accused persons,
which were later linked to the alleged fraud.
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in this case. It is further submitted that similarly
situated co-accused, namely Harmeet Singh @ Yashmit, has already
been enlarged on bail by the Hon'ble Supreme Court in Special Leave
to Appeal (Crl.) No. 15006/2025 vide order dated 19.11.2025 and
further the fact that similarly situated co-accused namely Om Arya has
already been granted bail by this Court vide order dated 27.11.2025 in
MCRC No. 9388/2025. He would submit that charge sheet has been
filed in this case, the applicant is in jail since 04/07/2025 and
conclusion of trial will take some time, therefore, he prays for grant of
bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
and he would submit that charge sheet has been filed in this case
before the competent court but he do not dispute the fact that co-
accused person has been granted bail by the Supreme Court as also
by this Court.
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,
submission of learned counsel for the parties and the fact that similarly
situated co-accused, namely Harmeet Singh @Yashmit, has already
been enlarged on bail by the Supreme Court in Special Leave to
Appeal (Crl.) No. 15006/2025 vide order dated 19.11.2025 and further
the fact that similarly situated co-accused namely Om Arya has already
been granted bail by this Court vide order dated 27.11.2025 in MCRC
No. 9388/2025 and further in the present case, charge-sheet has been
filed, applicant is in jail since 04/07/2025 and also considering the fact
that trial is likely to take some time for its conclusion, without further
commenting anything on merits of the case, I am inclined to grant bail
to the present applicant on parity.
7. Accordingly, the bail application is allowed and it is directed that the
Applicant- Jitesh Das, involved in Crime No.44/2025 registered at
Police Station Civil Lines, District Raipur (C.G.) for the offence
punishable under Sections 317(2), 317(4), 317(5), 111 & 3(5) of
Bhartiya 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 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
for necessary information and compliance.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE gouri
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