1 2025:CGHC:22135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3903 of 2025 Himanshu Ishrani S/o Govind Ishrani Aged About 26 Years R/o Nawapara, Rajim, District Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S.- Balod, District Balod, Chhattisgarh. ... Respondent For Applicant : Shri Shobhit Koshta, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/05/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.60/2025 registered at Police Station Balod, District- Balod CG. for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.20 17:54:23 +0530 2 Sections 317 (2), 317 (4), 318 (4), 61 (2) (A) and 111 of BNS. 2. Case of the prosecution, in brief, is that the information was received to the PS- Balod from known sources and from Home Ministry, Government of India that from 1/1/24 to 2/2/25; in the bank accounts maintained with the Bank of Maharashtra in around 10 mule accounts, around Rs 3, 19, 145 /- has been transferred through cyber fraud. That, during investigation, it was found that the present applicant has provided the bank details, phone number of the mule account holder to main accused Azmal Raja @ babar in lieu of Rs 2,500/- and hence, committed the offence. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant is running the medical shop by the name of Kanha Medical Store and has no role to play in the above offence and he has been implicated on the basis of memorandum statement of other co-accused person. He would submit that the allegation made by the complainant is oral and not supported by any documentary evidence which shows that no offence has been committed by the applicant and moreover, the name of the applicant is not mentioned in the FIR. He would further submit that co-accused person namely Ajmal Raza has been granted regular bail by this court vide MCRC No.3740/2025 on 13/05/2025 and co-accused person namely Khilendra Raipuriya has also been granted regular bail by this court vide 3 MCRC No.3567/2025 on 09/05/2025. He would submit that the applicant is in jail since 04/02/2025, charge sheet has been filed and trial is likely to quite long time for its conclusion, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that there is no previous criminal antecedent against the present applicant. 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 offence, considering the fact that co-accused person namely Ajmal Raza has been granted regular bail by this court vide MCRC No.3740/2025 on 13/05/2025 and co-accused person namely Khilendra Raipuriya has also been granted regular bail by this court vide MCRC No.3567/2025 on 09/05/2025, there is no previous criminal antecedent against the present applicant, period of detention of the applicant since 04/02/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Himanshu Ishrani, involved in Crime No.60/2025 registered at Police Station Balod, District- Balod CG. for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 61 (2) (A) and 111 of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to 4 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri