1 2025:CGHC:22168 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3985 of 2025 Rahul Kumar Malekar S/o Tika Ram Malekar Aged About 26 Years R/o Doundilohara, Tehsil Doundilohara, District Balod Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The SHO P.S. - Balod, District Balod Chhattisgarh ... Respondent For Applicant : Shri Shalvik Tiwari, 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.20 17:57:01 +0530 2 Balod, District- Balod CG. for the offence punishable under Sections 317 (2), 317 (4), 318 (4), 61 (2) (a) and 111 of BNS. 2. Case of the prosecution, in brief, is that SHO Balod received information regarding 10 bank account of Bank of Maharashtra were used for deposit of money obtained through cyber fraud from different places of India between 01/01/2024 to 02/02/2025 to the tune of Rs 3,19,145/-. Allegation against the present applicant is that Khileshwari Dhruv (Co-accused) offered him Rs 5000/- in return for providing bank account details and document of an account at Bank of Maharashtra, and subsequently he has taken bank account details and documents of his father Tika Ram Malekar and handed over the same to Khileshwari Dhruv (Co- accused). 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would further submit that co-accused person namely Khilendra Raipuriya has been granted regular bail by this court vide MCRC No.3567/2025 on 09/05/2025, co-accused namely Narayan Solwanshi has been granted bail by this court vide order dated 08/05/2025 in MCRC No. 2128/2025 and another co-accused namely Satnaam Singh has been granted bail by this court vide order dated 13/05/2025 in MCRC No.3780/2025. He would submit that the applicant is in jail since 04/03/2025, 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. 3 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 Khilendra Raipuriya has been granted regular bail by this court vide MCRC No.3567/2025 on 09/05/2025, co- accused namely Narayan Solwanshi has been granted bail by this court vide order dated 08/05/2025 in MCRC No. 2128/2025 and another co-accused namely Satnaam Singh has been granted bail by this court vide order dated 13/05/2025 in MCRC No.3780/2025, there is no previous criminal antecedent against the present applicant, period of detention of the applicant since 04/03/2025 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-Rahul Kumar Malekar, 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 the satisfaction of the Court concerned with the following 4 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 5 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