1 2025:CGHC:29977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3174 of 2025 Ajay Kumar Dhruv S/o Shri Sudharu Dhruv Aged About 25 Years R/o Nagpura Post Chhirha P.S. Nawagarh Distt. Bemetara (C.G.) .. Applicant versus State of Chhattisgarh Through PS City Kotwali, Bemetara, Distt. Bemetara (C.G.) ... Non-applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 106/2025 registered at Police Station : City Kotwali, Bemetara, District Bemetara (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)A of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 02.03.2025, Police Station SI Rakesh Kumar Sahu received information from reliable ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.03 11:14:23 +0530 2 sources that the amount obtained through cyber fraud in various account numbers of Bank of Maharashtra, Branch Devarbija, was being used as mule accounts by receiving the fraudulent amounts in these accounts. To verify this information, the Station In-Charge, Police Station Bemetara, contacted the Bank of Maharashtra, Branch Devarbija, and obtained details indicating that the account holders of bank account numbers 605803410533, 60502591585, 60492457208, 60495458367, 60502591722, 60504789095, and 60505014707 of Bank of Maharashtra, Branch Devarbija (IFSC Code MAHB0001746) had exchanged suspicious amounts in their accounts between 16.07.2024 and 24.10.2024. Upon finding that these account holders were using, spending, and enriching themselves with money obtained by fraud, Police Station Bemetara registered a case against the account holders under Sections 317(2), 317(4), 318(4), and 61(2)A of the BNS Act, 2023. During the investigation, the memorandum statement of the accused, Ajay Kumar Dhruv, along with other accused persons, was recorded, in which he informed that he had opened a bank account in his name on the advice of Ramji Sahu, for which he received Rs. 5,000/-, and linked the account with a mobile number of Airtel. According to the prosecution, an amount of Rs. 10,000/- in the bank account of the present applicant was found to be suspicious. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the case of the prosecution is based only on the memorandum statement of the applicant, which is not an admissible 3 part of evidence; therefore, the applicant is entitled to be granted bail. He also submits that the prosecution has not proved the role of the applicant, and as per the statements of the witnesses, it has not been specifically mentioned who committed the fraud. He further submits that present applicant has no criminal antecedents and he is in jail since 12.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case and also endorse the submission made by the learned counsel for the applicant that the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, moreover, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 12.03.2025, trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Ajay Kumar Dhruv, involved in Crime No. 106/2025 registered at Police Station : City Kotwali, Bemetara, District Bemetara (C.G.) for the offence punishable under Sections 317(2), 4 317(4), 318(4), 61(2)A of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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. (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 5 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek