1 2025:CGHC:23405 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4236 of 2025 Abhishek Choure S/o Ashok Choure Aged About 21 Years R/o Village Taroud, Police Station And District - Balod Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through - Police Station - Balod, District - Balod, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Anmol Sharma, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/06/2025 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. 60/2025 registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A) and 111 of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the police authorities have received information from samanvay portal operated by Home Ministry Government of India stating that during 01.01.2024 to AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 02.02.2025 the present applicant and other co-accused persons have provided bank account to persons who may have committed fraud and gained undue money transaction and thereby have committed offence and there for the instant FIR has been lodged against the account holders under the aforementioned sections and have arrested the present applicant and other co-accused persons. It is worthy to mention that the police authorities after completion of investigation have filed chargesheet for the offence as mentioned above in the application. The present applicant was arrested on 03.02.2025 and sent him to judicial custody. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that six of the identically situated co- accused persons, namely, Rahul Kumar Malekar, Himanshu Ishrani, Satnaam Singh, Praveen Shrivastava, Khilendra Raipuriya and Narayan Solwanshi have already been granted bail by this Court vide orders dated 20.05.2025, 13.05.2025, 09.05.2025 and 08.05.2025 in MCRC Nos.3985/2025, 3903/2025, 3780/2025, 3975/2025, 3567/2025 and 2128/2025, respectively. The applicant is in jail since 04.03.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some 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 the charge-sheet has been filed in the present case. He further submits that during 01.01.2021 to 3 02.02.2025 the applicant facilitated co-accused to open bank accounts, who may have committed fraud and gain undue money transaction on the account opened with the help of the applicant and thereby, the offence has been committed and FIR was lodged against the applicant, therefore, he is not entitled for grant of bail. 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, period of detention of the applicant since 04.03.2025, the fact that though the applicant is alleged to have facilitated co-accused to open bank accounts and committed fraud, but six of the co-accused persons, namely, Rahul Kumar Malekar, Himanshu Ishrani, Satnaam Singh, Praveen Shrivastava, Khilendra Raipuriya and Narayan Solwanshi have already been granted bail by this Court vide orders dated 20.05.2025, 13.05.2025, 09.05.2025 and 08.05.2025 in MCRC Nos.3985/2025, 3903/2025, 3780/2025, 3975/2025, 3567/2025 and 2128/2025, respectively and the case of present applicant is identical to that of the co-accused persons, further he has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Abhishek Choure, involved in Crime No. 60/2025 registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)(A) and 111 of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the 4 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 absence of the applicant is deliberate 5 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 Akhil