1 / 4 2025:CGHC:21281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3383 of 2025 1 - Ravi S/o Ramsingh Gautam Aged About 25 Years R/o Uttam Nagar, Bindapur P.S. Bindapur, District Dwarika West, Delhi. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Cyber Range, Bilaspur, District Bilaspur Chhattisgarh. ... Respondent(s) For Applicant : Mr. Vivek Kumar Agrawal, Advocate For Non-applicant : Mr. Keshav Gupta, Govt. Advocate. SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08/05/2025 1. This is third bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of the applicant for grant of regular bail to them. First bail application bearing MCRC No.2279 of 2024 was dismissed vide order dated 16.04.2024 and his second bail application bearing MCRC No.2769 of 2025 was dismissed as withdrawn vide order dated 08.04.2025. 2. Applicant is in custody in connection with Crime No.03/2023 registered at Police Station Cyber Range, Bilaspur, District- Bilaspur(C.G.) for the offence punishable under Sections 420 the NISHA DUBEY Digitally signed by NISHA DUBEY 2 / 4 Indian Penal Code, 1860 and Section 66D & 43 Information Technology Act, 2000. 3. Case of the prosecution, in brief, is that complainant lodged report in the concerned police-station alleging that she received whatsapp message from Mobile No.447833885923 of Dr. Samesh Nath through matrimonial site ‘Shaadi.com’ to the effect that he wanted to open a clinic in India and while stating his plan to celebrate his birthday in India, asked the complainant to deposit Rs.25,000/- in Indian currency, which he needed for insurance to book a flight. The complainant deposited the said amount through phone-pay in the bank account of person concerned as requested. Thereafter, on different dates, the complainant has deposited a total sum of Rs.20,86,200/- at the instance of said Dr. Samesh Nath. After realizing that she was being cheated, complainant lodged report in concerned police-station based on which aforementioned crime was registered and during course of investigation, applicant was arrested on 18.10.2023. 4. Learned counsel for the applicant submits that this repeat bail application is filed on the ground of delay in trial and further that the material witness has been examined before the trial Court and no specific evidence has come out showing the involvement of the applicant in the aforementioned crime. Applicant is in jail since 18.10.2023 and thereby he has completed about more than 1 ½ year of pre-trial detention. Out of 11 witnesses only 4 witnesses have been examined till date. Trial may take some time, hence, he may be enlarged on regular bail. 3 / 4 5. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that in the charge-sheet there are specific allegation against the applicant of defrauding and cheating the complainant through mobile phone. Applicant was arrested on the basis of number of the mobile phone through which he contacted the complainant. He however submits that the submission of counsel for applicant based on the deposition of the complainant is subject matter of appreciation by the trial Court. 6. Heard learned counsel for the respective parties and also perused the documents placed along with the application. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, offence is triable by Judicial Magistrate First Class, period of pre-trial detention, trial is likely to take some time, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 1,00,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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. 4 / 4 (b) 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. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton 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. (d) 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. Sd/- Sd/- (Parth Prateem Sahu) Judge Nisha