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Judgment
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. 02/2026 registered at Police Station- Range Cyber, Bilaspur, District - Bilaspur, (C.G.) for the offence punishable under Sections 318(4), 308(6), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 66(C) and 66(D) of the I.T. Act.
Case of the prosecution, in brief is that on 13.05.2026, the complainant lodged a written complaint alleging that her mother, Smt. Raman Srivastava, residing at B/403, Real Haven, Shanti Nagar, near Mangla Chowk, Bilaspur, was contacted through WhatsApp and video calls by unknown persons posing as police, ED and RBI officials. The said persons falsely alleged that she was involved in terrorist activities and money laundering and threatened her with arrest and imprisonment, and by using forged notices and documents, compelled her to transfer substantial amounts to various bank accounts. Acting under such threats and deception, she transferred a total amount of Rs. 1,04,80,000/- through RTGS between 21.04.2026 and 24.04.2026 into the bank accounts specified by them. Thereafter, on 27.04.2026, an additional amount of Rs. 50,00,000/- was demanded from her for closing the alleged case. On the basis of the complaint, the FIR was registered and, during investigation, the co-accused persons as well as the present applicant were arrested.
Learned counsel for the applicant would submit that the present applicant is innocent and has been falsely implicated in the present case. He further submits that a similarly situated co-accused person, namely, Vishal Singh, has already been granted bail by the Co-ordinate Bench of this Court vide order dated 23.07.2026 passed in MCRC No. 5943/2026, whereas the bail application of another co-accused person, namely, Rupendra Singh, was rejected by the same order. He submits that the case of the present applicant is similar to that of co-accused Vishal Singh, who has been granted bail. He also submits that the applicant has no criminal antecedents in the State of Maharashtra as well as in the State of Chhattisgarh, and he is in jail since 24.05.2026. He further submits that the conclusion of the trial is likely to take considerable time. Therefore, he prays for grant of regular bail to the applicant on the ground of parity.
On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused person has already been granted regular bail by the Co-ordinate Bench of this Court, whereas the bail application of another co-accused person was rejected by the same order and the case of the present applicant is similar to that of co-accused, who has been granted bail.
I have heard learned counsel appearing for the parties and perused the case diary.
Taking into consideration the facts and circumstances of the case that in the present bail application the charge-sheet has been filed before the competent Court and further considering the fact that co-accused person, namely, Vishal Singh, has already been granted bail by the Co-ordinate Bench of this Court vide order dated 23.07.2026 passed in MCRC No. 5943/2026, whereas the bail application of another co-accused person, namely, Rupendra Singh, was rejected by the same order and the case of the present applicant is similar to that of co-accused Vishal Singh, who has been granted bail and further the applicant has no criminal antecedents in the State of Maharashtra as well as State of Chhattisgarh and he is in jail since 24.05.2026 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity.
Accordingly, the bail application of the applicant is allowed. Let the Applicant – Abdul Qayum Mansuri, involved in Crime No. 02/2026 registered at Police Station- Range Cyber, Bilaspur, District - Bilaspur, (C.G.) for the offence punishable under Sections 318(4), 308(6), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 66(C) and 66(D) of the I.T. Act, 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:-
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.
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.
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.
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.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.