1 2025:CGHC:21667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2342 of 2025 Santosh Kumar Sahu S/o Shri Badri Prasad Sahu Aged About 45 Years Caste Teli, R/o Village Pendra, Tahsil And Police Station Pendra, District Gaurela- Pendra- Marwahi (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Pendra, District Gaurela-Pendra-Marwahi (C.G.) ... Non-applicant For Applicant : Mr. Yogendra Chaturvedi, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.05.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 57/2025 registered at Police Station : Pendra, District Gaurela- Pendra-Marwahi (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(2), 112 of the Bhartiya 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 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.09 21:06:15 +0530 2 Rs.3,99,241/- through bank accounts with 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, Santosh Sahu, allegedly opened three bank accounts in his name, linked to online fraud complaints of Rs. 15,000/- and Rs. 2,12,000/- through two Bank of Maharashtra accounts at Thomas Mount Police Station, District Kanchipuram, Tamil Nadu. During the investigation, it was found that the applicant's mobile number was linked to both accounts, and his mobile SIM (number 9981027955) was seized. Consequently, offenses under Sections 314, 317(2), 317(4), 61(2), and 112 of the B.N.S. were registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the documents related to the present applicant were used for committing online fraud without his consent and without his knowledge. He further submits that the applicant has no criminal antecedents and he is in jail since 02.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court, the present applicant has been in jail since 02.03.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Santosh Kumar Sahu, involved in Crime No. 57/2025 registered at Police Station : Pendra, District Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 314, 317(2), 317(4), 61(2), 112 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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/- (Ramesh Sinha) Chief Justice Abhishek