1 2025:CGHC:22038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3740 of 2025 Ajmal Raza S/o Shri Gulam Khokhar Aged About 29 Years R/o Ward No. 5, Sadar Road Rajim, Gobranawapara Distt. Raipur (C.G.) ... Applicant Versus State Of Chhattisgarh Through Station House Officer Kotwali, Distt. Balod (C.G.) ... Respondent(s) (Cause Title taken from CIS) For Applicant : Mr. Wasim Miyan, Advocate For Respondent(s) : Mr. Satish Gupta, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2025 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. 60/2025 registered at Police Station: Kotwali, District: Balod (C.G.), SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2025.05.13 17:41:03 +0530 2 for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 61 (2)(a), 111 of B.N.S.S. against the present applicant. 2. Case of the prosecution, in brief, is that, in between 01.01.2024 to 02.02.2025, a total amount of Rs. 3,19,145/- has been received in ten account holders of Bank of Maharashtra, Unnati Plaza Blod from the various cyber frauds committed by several persons in the different state of country and the accounts have been found to be used to receive money for online fraud and for illegal activities, hence crime was registered against 10 mule bank account holders and on the basis of memorandum statement, the name of present applicant has been disclosed. On the basis of aforesaid, the offence was registered and the applicant was arrested on 03.02.2025. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case. It is further argued by him that the present applicant has no criminal antecedents and that the applicant has been involved only on the basis of memorandum statement of the co-accused person. He also submits that the present applicant is in jail since 03.02.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation leveled against the present applicant and the fact that the applicant has no criminal antecedents. Moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 03.02.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Ajmal Raza, involved in Crime No. 60/2025 registered at Police Station: Kotwali, District: Balod (C.G.), for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 61 (2) (a), 111 of B.N.S.S., 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 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of 4 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 his, 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 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 Anjani/Saurabh