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2025 DAILYLAW 24332 (CHH)

PALLAVI VERMA v. STATE OF CHHATTISGARH

MCRC/4251/2025 · 2025-06-11

body2025

Judgment text

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1 2025:CGHC:23447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4251 of 2025 Pallavi Verma D/o Ram Avtar Verma Aged About 25 Years R/o Ward No. 10, Nehru Chowk, Bajrang Maidan, Camp 01, Bhilai, Teshil And District Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through, Police Station Range Cyber P.S. Durg, District Durg (Chhattisgarh) ---- Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 02/2025, registered at Range Cyber, Police Station – Durg, District Durg (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4) and 61(2) (A) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that Police Station concerned Received an information from Bhartiya Cyber Apradh Samanvay Kendra Coordination Portal operated by the Ministry of Home affairs, Government of India, regarding mule accounts in the State Bank of India Branch at Ramnagar, IFSC Code SBIN00005721 and as per the information a total of 12 Bank Accounts were found and upon RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 investigation FIR was registered and upon investigation it was found that an Online Fraud was reported at Lucknow East, Uttar Pradesh and the Fraud amount was deposited in the applicants account in the tune of Rs. 2000/- on dated 29.05.2024 and upon investigation the applicant was arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the applicant happens to be a lady and she runs a business of Vivah Guide Dotcom and the said account is in the name of Vivah Guide Dotcom even the applicant is having Gomasta License to carry the Business, and the copy of the account details and copy of the said license can also be seen from the Udyam Registration certificate, and the relevant part is annexed with the bail application as Annexure- A/2 Colly. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 18.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that Police Station concerned Received an information from Bhartiya Cyber Apradh Samanvay Kendra Coordination Portal operated by the Ministry of Home affairs, Government of India, regarding mule accounts in the State Bank of India Branch at Ramnagar, IFSC Code SBIN00005721 and as per the information a total of 12 Bank Accounts were found and upon investigation FIR was registered and 3 upon investigation it was found that an Online Fraud was reported at Lucknow East, Uttar Pradesh and the Fraud amount was deposited in the applicants account in the tune of Rs. 2000/- on dated 29.05.2024 and upon investigation the applicant was arrested, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, further the applicant happens to be a lady and she runs a business of Vivah Guide Dotcom and the said account is in the name of Vivah Guide Dotcom even the applicant is having Gomasta License to carry the Business, and the copy of the account details and copy of the said license can also be seen from the Udyam Registration certificate, and the relevant part is annexed with the bail application as Annexure-A/2 Colly, the applicant is in jail since 18.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Pallavi Verma, involved in Crime No. 02/2025, registered at Range Cyber, Police Station – Durg, District Durg (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4) and 61(2)(A) of the 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 conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 4 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 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 Rajshekhar