1 2025:CGHC:6588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 141 of 2025 Mahesh Jaish S/o Late Raghunath Jaish Aged About 62 Years R/o. Ward No. 13, Station Road, Punjabi Para, Tehsil And District Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Cyber Crime, Raipur Range, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Shubhank Tiwari, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 12/2024 registered at Police Station Cyber Crime, Raipur Range, District Raipur (C.G.), for the offence punishable under Sections 318(4), 3(5) of the Bhartiya Nyaya Sahita, 2023. 2. According to the prosecution's case, the complainant lodged an FIR ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.06 17:46:12 +0530 2 stating that she was cheated by someone using a social media platform in the name of cryptocurrency. She was advised and deceived by individuals connecting with her through various applications and links, resulting in a fraud of Rs. 21,03,000/-. During the investigation, the accused, Aditya Eknath Kesare, was tracked, and it was discovered that on 05.08.2024, he transferred Rs. 50,000/- into the account of the present applicant. Consequently, the present applicant was also implicated as an accused. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the present applicant is aged about 62 years has no criminal antecedents. He also submits that the applicant is in jail since 29.10.2024, conclusion of the trial may take sometime, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel oppose the bail application of the present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact the present applicant who is aged about 60 years, has no criminal antecedents. Moreover, the charge-sheet has already been submitted in the present case before the competent Court and 3 he has been in jail since 29.10.2024, and conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Mahesh Jaish, involved in Crime No. 12/2024 registered at Police Station Cyber Crime, Raipur Range, District Raipur (C.G.), for the offence punishable under Sections 318(4), 3(5) of the Bhartiya Nyaya Sahita, 2023, be released on bail on 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 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 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek