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Judgment
Hon'ble Shri Justice Rakesh Mohan Pandey
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. 40/2025 registered at Police Station Balrampur, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 318(4), 317(2), 317(4), 317(5), 61(2)(a), 338, 339, 340 and 341 of BNS.
The case of the prosecution, in brief, is that applicant along with other co-accused persons, allegedly engaged in cyber fraud and obtained illegal funds of Rs. 8,22,146/- by opening a mule bank account at Utkarsh Small Finance Bank, Balrampur. It is further alleged that they contacted toll-free numbers and prepared forged bills to facilitate credit and debit transactions.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is argued that the co-accused person, namely Nitesh Puri has already been granted bail by the Hon’ble Supreme Court in Criminal Appeal No. 941/2026 (arising out of SLP (Crl.) No. 16083 of 2025. vide order dated 16.02.2026. Another co-accused persons, namely, Abhishek Jaiswal, Rajesh Sonkar, Sukhdev Sahu and Prashant have been granted regular bail by this Court vide order dated 10.04.2026, 20.04.2026, 23.04.2026 and 08.05.2026, respectively. It is further submitted that applicant has no previous criminal antecedent, charge-sheet has been filed in the present case, applicant is in jail since 23.04.2025 and conclusion of trial is likely to take some time, therefore, he would pray for grant of bail to the applicant on ground of parity.
On the other hand, learned counsel for the State would oppose the bail application and submit that charge-sheet has been filed in the present case before the competent Court. He would not dispute the fact that identically situated co-accused persons have been granted bail by the Hon’ble Supreme Court and by this Court.
I have heard learned counsel appearing for the parties and perused the case diary.
Having considered facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and fact that co-accused, namely Nitesh Puri has already been granted bail by the Hon’ble Supreme Court in Criminal Appeal No. 941/2026 (arising out of SLP (Crl.) No. 16083 of 2025 vide order dated 16.02.2026, another co-accused persons, namely, Abhishek Jaiswal, Rajesh Sonkar, Sukhdev Sahu and Prashant have been granted regular bail by this Court vide order dated 10.04.2026, 20.04.2026, 23.042026 and 08.05.2026, respectively, applicant has no criminal antecedent, charge-sheet has already been filed in the present case, and applicant is in jail since 23.04.2025, 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 regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;
he shall not act in any manner which will be prejudicial to fair and expeditious trial, &
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.