1 2025:CGHC:19081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3225 of 2025 Onkar Dheewar S/o Shri Santosh Dheewer Aged About 21 Years R/o Banari Police Station And Tahsil Janjgir District - Janjgir - Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Station Janjgir District - Janjgir - Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s) : U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2025 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. 142/2025 registered at Police Station Janjgir District - Janjgir - Champa (C.G.) for the offence punishable under Sections 318(4) & 61(2) of the Bharatiya Nyaya Sanhita (for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 short ‘BNS’), Section 66(C) of the Informantion Technology Act, 2000 and Section 43(3)(E) of the Telecommunication Act, 2023. 2. Case of the prosecution, in brief, is that the co-accused, namely, Nikhil Dewangan, and Saurabh Paliwal allegedly distributed 25-30 SIM cards, activated using identity documents/Aadhaar cards of customers in a fraudulent manner. This was done without the customers' knowledge or permission, with the intention of concealing the actual user's identity. Thereafter, aforesaid offence has been registered against the applicant and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that two of the identically situated co-accused persons, namely, Nikhil Dewangan and Saurabh Paliwal have already been granted bail by this Court vide orders dated 23.04.2025 in MCRC Nos.2512/2025 and 2517/2025. The applicant is in jail since 09.03.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to have distributed 25-30 SIM cards, activated using identity documents/Aadhaar cards of customers in a fraudulent manner without the customers' knowledge or permission, therefore, he is not 3 entitled for grant of bail. 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 offence, period of detention of the applicant since 09.03.2025, also considering the fact that two of the co- accused persons, namely, Nikhil Dewangan and Saurabh Paliwal have already been granted bail by this Court vide orders dated 23.04.2025 in MCRC Nos.2512/2025 and 2517/2025 and the case of present applicant is identical to that of the co-accused persons, so far as criminal antecedent of the applicant is concerned, applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Onkar Dheewar, 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 the BNS, Section 66(C) of the Informantion Technology Act, 2000 and Section 43(3)(E) of the Telecommunication Act, 2023, be released on bail on his 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 4 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 sufÏcient 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. (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. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil