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Judgment
This is the first regular 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. 446/2025 registered at Police Station-City Kotwali Raigarh, District Raigarh, (C.G.) for the offence punishable under Sections 111, 317(2), 317(4), 317(5), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Case of the prosecution, in brief, is that on the basis of information received by the Cyber Police through the Coordination Portal, it was found that a total amount of ₹5,22,798/- had been deposited in various bank accounts maintained at different bank branches in Raigarh. Upon inquiry, the police found that during the period from 01.06.2024 to 14.08.2025, the said amount had been credited into six different bank accounts. Consequently, a crime was registered and, during the course of investigation, the police arrested co-accused Shivaji Chandra and Jitesh Kumar Chandra, whose memorandum statements were recorded. According to the memorandum statements of the co-accused persons, the SIM card registered in the name of present applicant was used in commission of said offence and he was engaged in cyber fraud. On the basis of these allegations, the police arrested the present applicant and implicated him along with the other accused persons for the aforesaid offences. Hence, the present bail application.
Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence as alleged by the prosecution. It is further submitted that he has been falsely implicated in the present case solely on the basis of the memorandum statements of the co-accused persons and that no incriminating article or material has been recovered from his possession. He further submits that the applicant is a 23 years old retail trader by profession. It is contended that continued incarceration of the applicant would adversely affect his profession. He further submits that in similar circumstances, one of the co-accused person namely, Shivaji Chandra, has been granted bail by the Hon'ble Supreme Court, in SLP (Crl.) No. 865/2026 vide order dated 02.04.2026, and the case of the present applicant stands on identical footing. It is also submitted that the applicant has no criminal antecedents and has never been involved in any criminal activity, the charge-sheet has been filed before the competent Court, he is in jail since 25.06.2026 and the trial is likely to take considerable time for its conclusion. Therefore, he prays for grant of 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 bail by the Hon'ble Supreme Court and the case of the present applicant is identical to that of the co-accused.
I have heard learned counsel appearing for the parties and perused the case diary.
Taking into consideration the facts and circumstances of the case, nature and gravity of offence and further the fact that though the present applicant and other co-accused were committed the said crime, but other co-accused namely, Shivaji Chandra, has been granted bail by the Hon'ble Supreme Court, in SLP (Crl.) No. 865/2026 vide order dated 02.04.2026, and the case of present applicant is identical to that of the co-accused person, further considering that the applicant, who is a retail trader is in jail since 25.06.2026, has no criminal antecedents, the charge-sheet has been filed before the competent Court, and the trial is likely to take considerable time for its conclusion. In such circumstances, without expressing any opinion on the merits of the case, 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 – Anish Agrawal, involved in Crime No. 446/2025 registered at Police Station- City Kotwali Raigarh, District Raigarh, (C.G.) for the offence punishable under Sections 111, 317(2), 317(4), 317(5), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, 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 his 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 his, 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.