1 2025:CGHC:22386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4103 of 2025 • Durgesh Kenwat S/o Sitaram Kenwat Aged About 27 Years R/o Aawaspara, Gram-Sendri, P.S. Koni, District Bilaspur (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Cyber Range-Bilaspur, District Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Sudhir Kumar Bajpai, Advocate For Non-Applicant/State : Ms. Pragya Shrivastava, Deputy Government Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.05.2025 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. 08/2025 registered at Police Station : Cyber Range Bilaspur District Bilaspur (C.G.) for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4), 323 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, on the basis of information received from the Samanavaya Portal operated by Government of India, different banks and the Police Headquarters, and after due investigation, it was found that the SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.05.27 18:16:54 +0530 2 users and account holders of several banks namely UCO Bank, ICICI Bank, Kotak Mahindra Bank, SBI, Bandhan Bank, Bank of Baroda, Indian Bank and various other banks through conspiracy, money has been stolen from the account holders, without their consent and by luring them. These mule accounts were used to harm the victims and take undue advantage of the defrauded money. Total 81 mule accounts have been duped and a total sum of Rs. 97,87,492/ was deposited fraudulently. The account holders knowingly committed fraud by handling their accounts and also helped in hiding and transferring the defrauded money. Based on this information, the police registered the FIR, and pursuant to a memorandum statement, arrested the present applicant and subsequently filed a charge sheet before the competent court of law. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that He would further submit that the charge-sheet has been filed in this case. He further submits that the applicant has no criminal antecedents and he is in jail since 25.02.2025, 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 of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature and gravity of allegation leveled 3 against the present applicant and the fact that the the applicant has no criminal antecedents and the charge-sheet has already been filed before the competent Court, and the present applicant is in jail since 25.02.2025, 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, Durgesh Kenwat, involved in Crime No. 08/2025 registered at Police Station : Cyber Range Bilaspur District Bilaspur (C.G.) for the offence punishable under Sections 61, 317(5), 318(4), 111(3)(4), 323 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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, 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice $iddhant