1 2025:CGHC:10872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1782 of 2025 Vijay Tekchandani S/o Ramesh Tekchandani Aged About 36 Years R/o C.B. Heights, Sarju Bagicha, Police Station - City Kotwali, District - Bilaspur Chhattisgarh Mobile No. 9827161255 ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Pandri Raipur, District - Raipur Chhattisgarh Wrongly Mentioned In Order Sheet As - Range Cyber Police Thana, Civil Line, District - Raipur Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Rohit Sharma, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Deputy G.A. 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. 305/2024 registered at Police Station Pandri Raipur, District - Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 14.11.2024, the accused persons asked the complainant to transfer Rs.31,00,000 to the ICICI Bank account number 0282050xxxxx, held by JMJ Interprises, Sipat Road, Bilaspur, through WhatsApp. When the transfer failed, another account number was provided, and the transfer was made. Based on the admissions of accused Vijay Tekchandani and Sepriar Jacob, it appears that they were involved in the transaction. Accused Vijay Tekchandani has been arrested for allegedly cheating the complainant of Rs.58 lakhs in conspiracy with other accused persons. Thereafter, offence has been registered against the applicant. 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 one of the accused person, Jashvindar Singh, from whose possession Rs.9,50,000/- has been seized has already been granted bail by this Court vide order dated 03.02.2025 in MCRC No.938/2025, whereas from the possession of present applicant no recovery has been made, which shows that the case of present applicant is better than that of the co-accused. The applicant is in jail since 04.02.2025, the applicant has no criminal antecedent, initially the charge-sheet has been filed with respect to co-accused and subsequently present applicant has been arrested 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 with 3 respect to co-accused and subsequently present applicant has been arrested. She further submits that the applicant alongwith other co-accused persons had committed fraud with the complainant, causing him financial loss of Rs.58 lakhs, 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 04.02.2025, the fact that though the applicant alongwith other co-accused persons had committed fraud with the complainant, causing him financial loss of Rs.58 lakhs, but present applicant has no criminal antecedent one of the co-accused persons, namely, Jashvindar Singh has already been granted bail by this Court vide order dated 03.02.2025 in MCRC No.938/2025, further he has no criminal antecedent and charge-sheet has been filed with respect to co-accused and subsequently present applicant has been arrested, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Vijay Tekchandani, involved in Crime No. 305/2024 registered at Police Station Pandri Raipur, District - Raipur (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 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