1 2025:CGHC:10869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1789 of 2025 Aakash Vilash Bhalerao S/o Vilash Bhalerao, Aged About 25 Years R/o Pimpri, P.S.- Yeola, District- Nashik, (Maharashtra) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. Police Station- Telibandha, Raipur, District- Raipur, C.G. ... Non-Applicant(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate. For Non-Applicant(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/03/2025 1. This is the first 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. 577/2024 registered at Police Station Telibandha, Raipur, District- Raipur (C.G.) for the offence punishable under Section 318(4), 61 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant, Nishant AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Jain, filed a written report at Telibandha Police Station, alleging that co-accused Ayushi Pokhriyal and her associates cheated him. They added him to an SMC Global Security WhatsApp group and convinced him to invest in share trading with false promises of substantial profits. The complainant deposited a total of Rs.29,60,000 in various installments into bank accounts, thereby fraud has been committed by the applicant, consequently, a report was filed under Sections 318(4) and 61 of the B.N.S. During the investigation, the present applicant/accused was arrested and claimed ownership of the funds deposited into the account. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant submitted an online application to study Electrical Engineering, which involved a telephone interview. The applicant was informed of their selection, and subsequently, their KYC documents were obtained. However, these documents were misused to open a fake account in the applicant's name and committed the said act. He also submits that the applicant had no knowledge of the co-accused opening a fake bank account in his name or committing fraud. The applicant is in jail since 01.12.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the 3 present case. He further submits that though the applicant has no criminal antecedent in the State of Chhattisgarh, but applicant has committed fraud with the complainant of Rs.29,60,000/-, applicant induced the complainant by making false promises, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 01.12.2024, the fact that though the applicant is alleged to have committed fraud with the complainant of Rs.29,60,000/- by inducing him to invest and by making false promises, but the applicant has no criminal antecedent in the State of Chhattisgarh and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Aakash Vilash Bhalerao, involved in Crime No. 577/2024 registered at Police Station Telibandha, Raipur, District- Raipur (C.G.) for the offence punishable under Section 318(4), 61 of BNS, be released on bail on his furnishing a personal bond with two local 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 4 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 sufÏcient 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 sufÏcient 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil