1 2025:CGHC:16192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2746 of 2025 • Shailesh Kumar Mishra S/o Shri Manoram Mishra Aged About 36 Years R/o Block - G, House No.-446, Sangam Vihar, P.S. - Sangam Vihar, District - South Delhi, R/o Kutta, Post- Pipergaoh, P.S. - Dhanpatganj, District - Sultanpur (U.P.) ... Applicant versus • State of Chhattisgarh Through Officer In Charge, P.S. - Sarangarh And Range Cyber Bilaspur, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Achyut Tiwari, Advocate For Non- applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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 2 connection with Crime No.556/2024 registered at Police Station Sarangarh and Range Cyber Bilaspur, District-Bilaspur (C.G.), for the offence punishable under Sections 420, 201, 34 of IPC and Section 66 (C) , 66(D) of I.T. Act. 3. Case of the prosecution, in brief, is that complainant Subhash Chandra Guru lodged FIR against unknown persons alleging that between 08.10.2022 to 21.03.2024, different mobile holders called him different times and cheated him of a total of Rs. 48,42,075/- in the name of getting back the money deposited in the lapsed Reliance Insurance Policy and removing the non-objection certificate and charging different fees in the name of getting all the money refunded. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and name of applicant was not mentioned in the FIR. He further submits that applicant transfer his misappropriated amount from whats-app account of his own brother account, without ascertaining or verifying the source of generation of amount. He also submits that the complainant and applicant amicably settled their dispute and filed their agreement as (Annexure-A/2). He also submits that the applicant have no criminal antecedents, the applicant is in jail since 10.12.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed 3 in the present case before the competent Court. She further submits that the bail application of the present applicant has been dismissed on 25.02.2025 by Lower Court, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of the offence, material available in the case dairy and the bail application of the present applicant has been dismissed on 25.02.2025 by Lower Court accordingly, the bail application of present applicant- Shailesh Kumar Mishra, involved in Crime No.556/2024, registered at Police Station Sarangarh and Range Cyber Bilaspur, District-Bilaspur (C.G.), for the offence punishable under Sections 420, 201, 34 of IPC and Section 66 (C) , 66(D) of I.T. Act., is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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 vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.09 15:57:32 +0530 4