1 2025:CGHC:22156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3917 of 2025 Gaurav Chauhan S/o Tikam Singh Aged About 32 Years R/o Bharka Para, Old Bus Stand, Rajnandgaon, District - Rajnandgaon Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Basantpur District - Rajnandgaon Chhattisgarh ... Non-applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.05.2025 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. 113/2025 registered at Police Station : Basantpur, District - Rajnandgaon (C.G.) for the offence punishable under Sections 317(2) 317(4), 317(5), 111, 3(5) of B.N.S.S. 2023. 2. The prosecution's case is that a written complaint filed by Inspector VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.05.21 11:02:06 +0530 2 Vinay Kumar Pammar of the Cyber Cell, Rajnandgaon, pursuant to directions received from the Indian Cyber Crime Coordination Centre under the Ministry of Home Affairs, Government of India. The complaint alleged that six bank accounts maintained at Axis Bank, Rajnandgaon Branch, were found to have received a total of 227,32,900/- through suspected cyber fraud between January 2024 and early 2025. The said accounts were allegedly used as "mule accounts" for transferring, withdrawing, and laundering proceeds of cyber crime. Upon investigation, it was found that the said accounts were held in the names of multiple individuals, including Mohit Jaysinghaniya, Sharad Kumar Hariharno, Pravesh Meshram, Saraswati Sonkar, and Arvind Soni. It was further alleged that the co- accused persons knowingly permitted the use of their bank accounts for illegal transactions and received monetary benefits in return. That the Gaurav Chauhan, the present applicant, was implicated based on the statement of co-accused Sharad Kumar Hariharno, who claimed to have rented out his Axis Bankaccount (Account No. 922020060311484) to the applicant for *5,000/- per month. During his custodial interrogation, Present applicant Gaurav Chauhan is said to have disclosed that he had provided the said account to two individuals Ravindra Yadav and Shailendra Singh Chauhan - for facilitating a loan, and received 5,000/- as commission. ₹ 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant had neither committed nor participated in the above said crime and there is no iota of evidence by which it can 3 be said that applicant had committed crime. He also submits that the applicant has no role or involvement in the said alleged crime, rather his own account has been misused by other persons and he has been falsely implicated, of which he is also not aware. In this case, the applicant himself has become a victim of criminal conspiracy. Не further submits that the applicant has no criminal antecedents and he is in jail since 06.03.2025, 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 of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 06.03.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Gaurav Chauhan, involved in Crime No.113/2025 registered at Police Station: Basantpur, District Rajnandgaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the 4 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 deliberate or without sufficient cause, then it shall be open for the 5 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 vaibhav