1 2025:CGHC:14577 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2393 of 2025 Prem Chandrakar S/o Suresh Chandrakar Aged About 22 Years R/o Village Pachpedi Bastipara, P.S. Bhilai, District Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Cyber Thana Range Raipur, District Raipur, Chhattisgarh. ... Respondent For Applicant : Shri Sachin Niddhi, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26/03/2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 278/2024 registered at Police Station Cyber Thana Range Raipur, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.27 14:42:08 +0530 2 District Raipur (C.G.) for the offence punishable under Sections 420, 34 of IPC. 2. The case of the prosecution, in brief, is that the complainant Shweta Mehra lodged a written report on 13.05.2024, alleging that on 08.05.2024, she received a message on her WhatsApp number through a community group from mobile, asking her to complete a task and earn money. As a result, a total amount of Rs. 29,49,688/- was fraudulently taken from her through an online scam. Accordingly, an offence under Section 420 and 34 of the IPC was registered. During the investigation, the applicant/accused was arrested on 01/10/2024 and has been in jail since then. The allegation against the applicant is that on 09.05.2024, an amount of Rs. 13,01,888 was transferred to account number 339705500392, which is owned by the applicant, indicating his involvement in the offence. On the basis of aforesaid story of the prosecution the present applicant alleged in the offence of 420, 34 of I.P.C., in Crime No. 278/2024. Hence this bail application. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 28/11/2024. Learned counsel submits this second bail application is filed on the ground that main accused namely Narendra Himmat Bhai Gondalia has been granted bail in MCRC No.990/2025 on 6/03/2025. He would submit that the mobile which the main accused used has been seized from the applicant. He would further submit that amount of Rs. 16 lakhs has not been transferred in his account, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application 3 and would submit that mobile has been seized from the applicant and amount of Rs.13 lakhs has been transferred in the account of main accused namely Narendra Himmat Bhai Gondalia who has been granted bail in MCRC No.990/2025 on 6/03/2025. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, also considering the fact that main accused namely Narendra Himmat Bhai Gondalia has been granted bail in MCRC No.990/2025 on 6/03/2025 and only mobile has been seized from the applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 1/10/2024 and conclusion of the trial is likely to take some time, I am inclined to allow this second bail application. 7. Let applicant, Prem Chandrakar, involved in Crime No. 278/2024 registered at Police Station Cyber Thana Range Raipur, District Raipur, Chhattisgarh (C.G.) for the offence punishable under Sections 420, 34 of IPC, 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:- (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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri