1 2025:CGHC:18343 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2517 of 2025 Saurabh Paliwal S/o Ashok Paliwal Aged About 35 Years R/o Ward No. 17, Vivekanand Marg Janjgir District- Janjgir-Champa Chhattisgarh. --- Applicant(s) Versus 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) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 23.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 142/2025, registered at Police Station Janjgir, District - Janjgir-Champa (C.G.), for the offence punishable MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 18:48:23 +0530 2 under Sections 318(4), 61(2) OF BNS, 2023, 66(C) of Information Technology Act & Section 43(3)(E) of Telecommunication Act, 2023. 3. Prosecution case in brief is that the applicant was the distributor of SIM cards of Jio Company. One GONICS Mobile have activated 27 SIM cards in a fraudulent manner. At the time of initial enquiry, have investigated two mobile numbers 1. Mobile No +918884086958 which was issued/activated in the name of Laxman Lal Rohidas S/o Madhav Ram Rohidas, age 40, address Kkokra ward no.17, Thana Janjgir, Dist Janjgir- Champa (C.G.) 2. Mobile No. +918152039722 which was issued/activated in the name of Ravendra Sonkar S/o Kharpattu Sonkar, age 34 yeears, address Ram Prasad Talab, Naila Chowki Naila Thana Janjgir, Dist Janjgir-Champa (C.G.) and at the time of investigation, it was found that both SIM cards were issued in their name, however, both SIM cards were not bought and use by them. Hence, the investigating authorities have investigated all 27 SIM cards and its was found through SDR date that all the 27 SIM cards was sold by the Point of Sale (POS) code 660728906 GONICS MOBILE, Address Link Road Janjgir, Dist Janjgir-Champa Chhattisgarh 495668. During the investigation, it was found that the co- accused Nikhil Dewangan who is the Director of GONICS MOBILE have sold the bogus SIM cards by using the Adhar 3 cards & photographs in a fraudulent manner. The same was alleged to be accepted by the co-accused Nikhil Dewangan in his memorandum. On the basis of the which, a crime was registered against the applicant. 4. 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. He also submits that the present applicant was the proprietor of the UMA Telecom, and the distributor of the Jio SIM cards and only on the basis of his memorandum statement of the co-accused he was made accused in the present case. Being the proprietor of the Jio Company Distribution firm namely Uma Telecom, he has genuinely sold SIM to the dealers or agents, even the activation of SIM were done by the dealers/co-accused not by the applicant. It is further submitted that the applicant has no any criminal antecedents, further the charge-sheet has been submitted and the applicant is in jail since 10.03.2025. Therefore, he prays that the applicant be enlarged on bail. 5. 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. He also submitted that charge-sheet has been filed, therefore, he is not entitled to be released on bail. 4 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and on the basis of his memorandum statement of the co-accused applicant was made accused in the present case, further the charge-sheet has been filed before the competent Court and he is in jail since 10.03.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant, Saurabh Paliwal, involved in Crime No. 142/2025, 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 lawh. (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 9. 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