2025 Supreme(Online)(Chh) 6457
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Karan Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
MCRC No. 4079 of 2025
For the Appellants/Petitioners: Mr. Yogendra Chaturvedi
For the Respondents: Ms. Upasana Mehta
The principle of parity in bail considerations established that similar cases warrant equal treatment under law.
Headnote:The bail application, under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, addresses the arrest of the applicant in connection with ongoing fraud investigations alleging misuse of bank accounts. The court found the applicant's parity with co-accused who were granted bail as a crucial point in favor of the applicant, also considering the duration of incarceration since 02.03.2025. The court posed the question regarding the legitimacy of granting bail in light of similar cases. Reasoning focused on maintaining fairness in treatment under law, leading to the conclusion that the applicant is entitled to bail under specified conditions and notifications to the trial court.
| Table of Content |
|---|
| 1. definition of alleged fraudulent activities leading to arrest. (Para 1 , 2) |
| 2. arguments regarding the applicant's case and innocence. (Para 3 , 4) |
| 3. court's observations on the factors for bail eligibility. (Para 5) |
| 4. reasoning based on parity in similar bail cases. (Para 6) |
| 5. final decision on granting bail with conditions. (Para 7 , 8) |
Order on Board
27.05.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 57 of 2025 registered at Police Station : Pendra, District – Gourela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(1)(2) & 112 of the Bharatiya Nyaya Sanhita, 2023.
2. As per the prosecution story in brief is that based on information from the Directorate Coordination Portal, it is alleged that online fraud was committed by mule account holders, resulting in an illegal gain of Rs.3,99,241/- through bank accounts opened with the Bank of Maharashtra, Bank of India, Amazon Pay India Pvt. Ltd., IDBI Bank, HDFC Bank, ICICI Bank, Axis Bank, and Bank of Baroda. It is further alleged that six bank accounts were opened in the name of Karan Sahu across different banks, and two accounts were given to co-accused Priyanshu Sahu for a 20% profit. The applicant, Karan Sahu, allegedly opened six bank accounts in his name, linked to online fraud complaint of Rs. 50,000/- through the bank accounts of the applicant at ICICI Bank bearing account No.784805500084 and a case has been registered at Yelahanka Police Station, District Bangalore, Karnataka. During the investigation, it was found that total 07 complaints in several states against the account number belonging to the present applicant has been registered and a criminal case is also registered against him in the Cyber Police Station Hyderbad City. Consequently, offences under Sections 314, 317(2), 317(4), 61(1)(2) and 112 of the BNS were registered.
3. It has been argued by learned counsel for the applicant that the similarly placed other co-accused namely, Santosh Kumar Sahu has already been granted bail by this Court vide order dated 09.05.2025 passed in MCRC No. 2342/2025. Therefore, on the ground of parity, the applicant herein may also be granted bail. It is further submitted that the applicant is innocent and has been falsely implicated in the present case. He further submits that the documents related to the present applicant were used for committing online fraud without his consent and knowledge. That, the applicant is in jail since 02.03.2025 and the conclusion of trial will take some time, therefore, he prays that the applicant be enlarged on bail.
4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this matter and there is already one criminal antecedent against the applicant, as such, he does not deserve to be released on bail at this juncture.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, nature and gravity of offence and also considering the fact that the similarly placed other co-accused namely, Santosh Kumar Sahu has already been granted bail by this Court vide order dated 09.05.2025 passed in MCRC No. 2342/2025 and the present applicant is in jail since 02.03.2025 and the trial is likely to take sometime for its conclusion, I am of the opinion that the present applicant is entitled to be released on bail in this case on the ground of parity.
7. Let applicant, Karan Sahu involved in Crime No. 57 of 2025 registered at Police Station : Pendra, District – Gourela-Pendra- Marwahi (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(1)(2) & 112 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on him furnishing a personal bond with two sureties, in the like amount to the satisfaction of the Court concerne