Manish Rohra vs State Of Chhattisgarh
- Citation2026 SCC OnLine Chh 7324
Ratio decidendi
The rule this decision rests on
Where co-accused persons in the same case have been granted bail by superior courts, and an applicant has been in custody for a substantial period with implication resting primarily on memorandum statements recorded during investigation and no incriminating material seized from him, the principle of parity, combined with the length of custody already undergone and the likelihood of protracted trial proceedings, constitutes grounds for granting bail even without expressing an opinion on the merits of the case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2026:CGHC:7912 NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.10472 of 2025
Manish Rohra S/o Prakash Rohra Aged About 24 Years R/o House No. 30/289, Gali No. 7, Telibandha, Raipur, Chhattisgarh.
... Applicant versus
State Of Chhattisgarh Through The Station House Officer, P.S. Ganj, Raipur, Chhattisgarh. ... Non-applicant _____________________________________________________
For Applicant :Mr. Pranay Thite, Advocate.
For Non-applicant/State :Ms. Anusha Naik, Dy. G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board
12.02.2026
1.
The Applicant has preferred this 1st Bail Application under
Digitally Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 signed by SISTLA SISTLA NEELIMA for grant of regular bail, as he has been arrested in NEELIMA VISHNU VISHNU PRIYA PRIYA Date:
2026.02.13 19:47:34 +0530 2
connection with Crime No.79/2025 registered at Police Ganj,
District Raipur (C.G.), for the offence under Sections 317(2),
317(4), 317(5) and 111 of BNS.
2. Case of the prosecution in short is that on 22.03.2025 the
Station House Officer, Police Station Ganj, Raipur, received a
communication from the Office of the Deputy Superintendent
of Police, Range Cyber Police Station, Raipur, on the basis of
which a report was made and legal action was initiated. The
information, received through the Cyber Coordination Portal
operated by the Indian Cyber Crime Coordination Centre
(I4C), Ministry of Home Affairs, Government of India, revealed
that 41 bank accounts maintained at Karnataka Bank, Raipur
Branch were allegedly being used as mule accounts for
receiving proceeds of cyber fraud. It was found that during
the period from 01.01.2025 to 11.01.2025, an amount of
Rs.27,27,556/- was deposited across the said accounts. The
police allege that the account holders knowingly permitted
use of their accounts for receiving and utilising fraudulently
obtained funds. On this basis of these allegations, offences
as mentioned above were registered against the present
Applicant. Hence, this application.
3. Learned counsel for the Applicant submits that the Applicant
is innocent and has been falsely implicated in the present 3
case, who is in jail since 26.03.2025. He further submits that
as the main accused Yash Sharm, who is yet to be arrested,
had taken control of the Applicant's bank account on the
pretext of share trading and misused it for fraudulent
transactions without the Applicant's knowledge or
involvement. It is contended that the Applicant's implication is
based solely on a memorandum statement recorded during
investigation, which is not admissible in evidence and no
incriminating material or property has been seized to connect
the Applicant with the alleged offence. It is further submitted
that the complainant who reported the matter through the
Cyber Crime Portal has not been cited as a witness and no
material is available to establish the Applicant's nexus with
any criminal organization so as to attract Section 111 of the
BNS. He further submits that charge sheet has been filed,
two out of three co-accused i.e. Devansh Dhruw Malkan and
Danka Kameshwar Rao have been granted by this Court vide
orders dated 28.01.2026 and 09.02.2026 passed in
respective M.Cr.C Nos.9659/2025 and 1414/2026 and the
other co-accused namely Bhagwat Prasad Shukla was
enlarged on bail by the Supreme Court vide order dated
16.1.2026; SLP[Crl.] No.20364/2025 and conclusion of trial is
likely to take quite some time, therefore, considering all these 4
aspects, the Applicant may also be granted bail on the
grounds of parity.
4. On the other hand, learned counsel for the State opposes the
bail application and submits that there is only one previous
criminal antecedent against the Applicant.
5. Considering the submissions made by learned Counsel for
the parties and after perusing the case diary, this Court finds
that the Applicant is in custody since 26.03.2025 and his
implication appears to be based mainly on the memorandum
statement recorded during investigation, with no incriminating
material having been seized from him. It is also noticed that
similarly placed co-accused persons have already been
granted bail by this Court as well as by the Hon'ble Supreme
Court, charge sheet has been filed and the conclusion of trial
is likely to take considerable time, therefore, without
expressing any opinion on the merits of the case and
considering the principle of parity along with the period of
custody, this Court is inclined to allow the application.
Accordingly, the bail application is allowed.
6. Let Applicant- Manish Rohra involved in Crime No.79/2025
registered at Police Ganj, District Raipur (C.G.), for the
offence under Sections 317(2), 317(4), 317(5) and 111 of
BNS be released on bail on his furnishing a personal bond 5
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.
7. Office is directed to send a certified copy of this order to the 6
trial Court concerned for necessary information and
compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Priya
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free