1 2025:CGHC:28729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4077 of 2025 Uddeshya Tiwari S/o Shyamlal Tiwari Aged About 20 Years R/o Near Vishwakarma Mandir, Ganga Maiya Bilpura, Madai, District - Jabalpur, (M.P.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Parpodi, District - Bemetara, Chhattisgarh. ... Respondent For Applicant : Ms. Laxmeen Kashyap, Advocate. For Respondent/State : Shri Sangarsh Pandey, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/06/2025 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.08/2025 registered at Police Station Parpodi, District Bemetara (C.G.) for the offence punishable under Sections 318(4),111 of B.N.S. and section 66(D) of I.T. Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.28 21:05:50 +0530 2 2. Case of the prosecution, in brief, is that it is alleged that present applicant along with co-accused have done online fraud with the complainant where they called her on whatsapp and stated that they are police officers and in her name some illegal article has been deported and for that cause FIR has been registered against her name in the P.S. Khamtarai, and shown the clip of the police station and if want to quash the FIR have to pay amount where the complainant in fear send amount in UPI transaction in different UPIs total amount of 9,11,999/- Rs after that the complainant complaint before the concerned police station about the incident where police arrested the applicant and registered the FIR against the applicant in crime no. 08/2025. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. She would submit that co-accused persons namely Akash Sahu and Sahil Barman have been granted regular bail by this Court in MCRC No.1937/2025 on 06/05/2025. She would submit that the applicant is in jail since 28/04/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He would submit that there is one criminal antecedent against the applicant. 3 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 levelled against the applicant, considering the fact that co-accused persons namely Akash Sahu and Sahil Barman have been granted regular bail by this Court in MCRC No.1937/2025 on 06/05/2025, period of detention of the applicant since 28/04/2025, charge sheet has been filed 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-Uddeshya Tiwari, involved in Crime No.08/2025 registered at Police Station Parpodi, District Bemetara (C.G.) for the offence punishable under Sections 318(4),111 of B.N.S. and section 66(D) of I.T. Act 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 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. 4 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 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