1 2025:CGHC:17874 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2444 of 2025 1. Kishore Ramwani S/o Kanhaiya Lal Aged About 32 Years R/o Ward No. 04, Juna Talab Naila Chowki Naila, Thana Janjgir, District Janjgir Champa Chhattisgarh. --- Applicant(s) versus 1. State Of Chhattisgarh Through Police Station, Janjgir, District Janjgir Champa, Chhattisgarh. --- Non-Applicant(s) MCRC No. 2456 of 2025 1. Kishore Ramwani S/o Kanhaiya Lal Aged About 32 Years R/o Ward No. 04, Juna Talab Naila Chowki - Naila, Thana Janjgir, District : Janjgir-Champa, Chhattisgarh --- Applicant(s) Versus 1. State Of Chhattisgarh Through Police Station Janjgir, District : Janjgir-Champa, Chhattisgarh --- Non-Applicant(s) For Applicant(s) : Mr. Mateen Siddiqui, Advocate For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.25 17:47:44 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 21.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. Since the issues involved in the above-mentioned three bail applications are same, they are clubbed and heard together and are being disposed of by this common order. 3. These are the First bail applications filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime Numbers as mentioned under: MCRC No. Crime No. Police Station Offence 2444/2025 141/2025 P.S. Jangir, District - Jangir- Champa (C.G.) Sections 318(4), 61(2) OF BNS, 2023, 66(C) of Information Technology Act & Section 43(3)(E) of Telecommunication Act, 2023. 2456/2025 140/2025 P.S. Jangir, District - Jangir- Champa (C.G.) Sections 318(4), 61(2) OF BNS, 2023, 66(C) of Information Technology Act & Section 43(3)(E) of Telecommunication Act, 2023. 4. Prosecution case in brief is that the applicant have a shop in the village Naila, Thana - Janjgir, District Janjgir-Champa (C.G.) of Mobile Accessories & SIM Card seller in the name of Fun Mobile. The applicant had sold 50-60 SIM card of Airtel 3 Company to the bogus customers while using the identity card (Adhar Card) and photograph of the other person without their knowledge in a fraudulent manner. The same was alleged to be accepted by the present applicant in his memorandum. On the basis of the which, a crime was registered against the applicant. 5. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the applicant has no any criminal antecedents. It has been further submitted that in Crime No. 140/2025, co-accused has already been granted bail by the trial Court and in Crime No. 141/2025, charge-sheet has not been filed as the co-accused could not appear before the trial Court as she has granted bail in other case. He further submits that the charge-sheet has been submitted in MCRC No. 2456/2025 and the applicant is in jail since 02.03.2025. Therefore, he prays that the applicant be enlarged on bail. 6. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant(s). He also submitted that charge-sheet has been filed in MCRC No. 2456/2025, therefore, he is not entitled to be released on bail. 4 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant(s) one of the co-accused has already been acquitted by the trial Court in Crime No. 140/2025, further the charge-sheet has been filed in MCRC No. 2456/2025 before the competent Court and he is in jail since 02.03.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Let applicant, Kishore Ramwani, involved in Crime Nos. 141/2025 & 140/2025, registered at Police Station Janjgir, District - Janjgir-Champa (C.G.), for the offence punishable under Sections 318(4), 61(2) OF BNS, 2023, 66(C) of Information Technology Act & Section 43(3)(E) of Telecommunication Act, 2023., be released on bail on his furnishing 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 5 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 BNS. (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 BNS. (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. 6 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manish