1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2930 of 2025 1 - Utkarsh Mishra S/o Shri Sushil Mishra Aged About 25 Years Ward No. 44 Gaddi Road Mahajan Tola, Rewa, Distt. - Rewa Madhya Pradesh, Present R/o Falendra Stores Manjhapara Kanker, Tahsil - Kanker, Distt. - North Baster Kanker Chhattisgarh ... Applicant versus 1 - The State Of Chhattisgarh Through The Station House Officer, Police Station - Kanker, Distt. - North Baster Kanker Chhattisgarh ... Respondent For Applicant : Mr. Sabyasanchi Bhaduri, Advocate For Respondent : Mr. Shaleen Singh Baghel, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 1. 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 connection with Crime No. 76/2025 registered at Police Station - Kanker, District-North Baster, Kanker (C.G.), for the offences punishable under Sections 318, 338, 336(3), 318(4) of the BNS, 2023. 2. The prosecution story in short is that, complainant is made by the cyber Cell officers at police Station Kanker District N. B. Kanker on 06.03.2025 with the averment that from the office of Point of Sale VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.24 17:28:44 +0530 2 number of forged SIM Cards were issued and during investigation the statement of the said persons were recorded in which they stated that they have purchase only one SIM Card and given the papers in the Vodaphone sale counter but in their name two SIMS were issued therefore thana Police arrested the applicant recorded his memorandum and seized two sets of Mobile belongs to the applicant and after completing the investigation file the chargessheet by add of section 66 (B) of the IT Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant was appointed as Territory Sale Executive at Kurud in Raipur Zone and he is serving at Kanker in the post of Sale Executive to sale the sims of VI Company. He also submits that since June 2023 to March 2025 he worked as Sale Executive and the Cyber Cell has made the investigation as the two sims were issued on the same documents for the persons and as per the norms the said sims were not used and they are deactivated. He also submits that the applicant has no previous criminal antecedents. The applicant is in jail since 06.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and looking to the fact that applicant has no previous criminal antecedents. The applicant is in jail since 06.03.2025 and the 3 conclusion of the trial is likely to take quite long time., this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Utkarsh Mishra involved inCrime No. 76/2025 registered at Police Station - Kanker, District-North Baster, Kanker (C.G.), for the offences punishable under Sections 318, 338, 336(3), 318(4) of the BNS, 2023, be released on bail on their 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 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. 4 (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 for necessary information and compliance forthwith. sd/- (Ramesh Sinha) Chief Justice vaishali