1 2025:CGHC:22036 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3744 of 2025 Kunal Mandavi S/o Bhuvan Kumar Mandavi Aged About 21 Years R/o Ward No. 19, Balodabazar, Police Station- City Kotwali, District- Baloda Bazar (C.G.) ... Applicant Versus State of Chhattisgarh Through Police Station- Cyber Range Bilaspur, District- Bilaspur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Applicant : Mr. Alok Kumar Gupta, 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. 08/2025 registered at Police Station: Cyber Range Bilaspur, District: Bilaspur (C.G.), for the offence punishable under Sections SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2025.05.13 17:41:01 +0530 2 61, 317 (5), 318 (4), 111(3) (4) and 323 of B.N.S.S. against the present applicant. 2. Case of the prosecution, in brief, is that, on the basis of information received from the Samanavaya Portal operated by Government of India, different banks and Police Headquarters, it was found during investigation that the users and account holders of UCO Bank, ICICI Bank, Kotak Mahindra Bank, SBI, Bandhan Bank, Bank of Baroda, Indian Bank and various other banks through conspiracy stole money from the account holders without their consent by luring them. These mule accounts were used to harm the victims and take undue advantage of the defrauded money. Total 81 mule accounts have been duped and a total sum of Rs. 97,83m492/- was deposited fraudulently. The account holders knowingly committed fraud by handling their accounts and also helped in hiding and transferring the defrauded money. The applicant was arrested on 25.02.2025. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case and the present applicant is young boy aged about 21 years who is preparing for NEET Examination and that no amount was seized from the applicant, nor any passbook was recovered from him. It is further argued by him that the present applicant has no criminal antecedents. He also submits that the present applicant is in jail since 25.02.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 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 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 25.02.2025 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 – Kunal Mandavi, involved in Crime No. 08/2025 registered at Police Station: Cyber Range Bilaspur, District: Bilaspur (C.G.), for the offence punishable under Sections 61, 317 (5), 318 (4), 111(3) (4) and 323 of B.N.S.S. against the present applicant, 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 4 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 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