1 2025:CGHC:22022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3795 of 2025 1 - Rohit Birwani S/o Mahesh Kumar Sajanmal Birwani Aged About 32 Years R/o A- 2, Merchandani Pamps, Rotni Piples Sodagar, Pune District Pune Maharashtra, Present Address R/o Jogeshwari West Patel State Road, Lodha Unika Building 20 Floor House No. 2006, West Andheri Mumbai, Maharashtra. ... applicant versus 1 - State Of Chhattisgarh Through Station House Officer (S.H.O.), P.S.- Kotwlai, Rajnandgaon, District Rajnandgaon, Chhattisgarh. ... non-applicant For applicant : Mr. Devershi Thakur, Advocate For Non-applicant/ State : Mr. Shashank Thakur, Dy. A.G. 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. 33/2025 registered at Police Station – Kotwali, Rajnandgaon, District Rajnandgaon (C.G.) for the offence punishable under Sections 318(4), 319, 317 (4), 112, 61 of the Bhartiya Nyaya SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.14 12:40:03 +0530 2 Sanhita, 2023. 2. As per the prosecution story in the charge sheet, a complaint was filled by the complainant /Rupesh Kumar Sahu stating that his account no.62430100009440 at Bank of Baroda was misused by one Ahsutosh Sharma and had been freezed by the bank where total transactions were made of Rs.90,000/- where Rs.20,000/- was kept in hold. The FIR was lodged and Ahsutosh Sharma had given his memorandum in which he had stated that he was the Loan Agent of Bandhan Bank, Dongargarh, and had come in contact with a customer namely Shubham Tiwari/Co-accused who had informed that Crypto Currency and Shares money are to be exchanged for which he will be paid 5% commission. He had received about Rs.1,00,000/-, total commission for the transaction made in his accounts. Thereafter the investigating agency had made all the persons who had made transactions in the accounts as accused where the Ashutosh Sharma had been proceeded under Sec.35 BNSS and had been let off as per the Charge sheet. The total Transactions which have been made in the accounts of the present applicant are about Rs.90,000/- which is alleged to have been transferred through these accounts fro changing Crypto Currencies. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that there has been no sizure from the present applicant and items seized are from some other persons. The name of the applicant has not been mentioned in the memorandum of the co-accused Ashutosh Sharma against whom the initial complaint was made and he is 3 already released on bail. He further submits that the present applicant has no criminal antecedents and he is in jail since 11.02.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. Learned counsel appearing for the objector opposes the bail application of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that the applicant has no criminal antecedents. Also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and also considering that the co- accused Ashutosh Sharma against whom the initial complaint was made, is already released on bail and the present applicant is in jail since 11.02.2025 conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 8. Let the Applicant – Rohit Birwani, involved in Crime No. 33/2025 registered at Police Station – Kotwali, Rajnandgaon, District Rajnandgaon (C.G.) for the offence punishable under Sections 318(4), 319, 317 (4), 112, 61 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two local 4 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 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 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 5 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. 9. 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 sagrika