1 2025:CGHC:22218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3196 of 2025 1 - Jonsan Semual S/o Semual Aged About 40 Years R/o G-81 Sant Nagar Extension Shahpura, Police Station Tilak Nagar, New Delhi, Permanent Resident Of N-18 Ejigbo State Lagosh, Country- Nigeria (Passpost Republic Of Ghana) ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Dongargaon, District- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Hemant Kesharwani, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 189/2024 registered at Police Station Dongargaon, District VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Rajnandgaon (C.G.), for the offence punishable under Sections 318(4), 3(5) of BNS Act & Section 66 of D.I.T. Act. 2. The prosecution's case, in brief, is that, as per prosecution story in short - the complainant Apurva Fuljhele lodged report alleging that she has received call from the mobile number 7459052759 namely Alok Deshpandey in respect of the his marriage, it was stated by the Alok Deshpandey he was working at UK, it is further alleged that on dated 11.07.2024 she has received phone call from unknown lady demanded money, thereafter said Alok Deshpandey obtained total Rs. 15,72,000/- from the complainant in different date. It is further alleged that in enquiry it was found that the said mobile number possessed from the present applicant, thereafter offence under Section 318(4), 3(5) of BNS Act & Section 66 D of I.T. Act registered against the present applicant as well as Alok Deshpandey. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. Even if the allegations made in the FIR are taken at face value, it is alleged that the co-accused Alok Deshpandey had received the money from the complainant, and the said amount was deposited in the bank account of Alok Deshpandey. The only allegation against the present applicant is that, during the enquiry, mobile number 7627927304 was found to be in his possession. However, the prosecution has failed to produce any document to show that the applicant is the owner or title holder of the seized mobile phone, 3 and it is further submitted that the said mobile number is not even registered in the name of the applicant. It is also alleged that the complainant deposited a sum of Rs. 15,72,000/- through bank transactions, but during the enquiry, no material has been brought on record to show that the applicant was the beneficiary of the said amount or that he ever withdrew any part of it. He further submits that the present applicant has been in jail since 11.12.2024 and the trial is likely to take some time for its final disposal. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the present applicant is the resident of Republic of Ghana and has 3 criminal antecedents, and presently he is residing at Delhi, and by making a false ID in Shadi.com, he along with the co- accused person has committed online fraud of Rs. 15,72,000/- from the complainant. It is also pointed out that the applicant has come in the year 2018 through tourist visa and his visa was also expired in the year 2022. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact that the applicant is a resident of the Republic of Ghana and that his visa expired in the year 2022, having originally entered India in 2018 on a tourist visa, and in 4 light of the fact that he is presently residing in India without a valid visa, this Court is of the opinion that it is not a fit case to grant regular bail. Accordingly, the bail application of the applicant – Jonsan Semual, involved in Crime No. 189/2024 registered at Police Station Dongargaon, District Rajnandgaon (C.G.), for the offences punishable under Sections 318(4) and 3(5) of the BNS Act and Section 66 of the D.I.T. Act, is hereby rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously preferably within a period of six months in accordance with law if there is no legal impediment. 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 Vishakha