Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23537
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4289 of 2025 Preeti Sahu D/o Neetram Sahu Aged About 25 Years R/o Adarsh Nagar, P.S. Mowa, Raipur, Tehsil And District Raipur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Mohan Nagar, District Durg Chhattisgarh. ---- Non-applicant
For Applicant : Mr. Virendra Kashyap, Advocate. For Non-applicant/State : Mr. Pramod Shrivastava, Dy. Govt. Advocate. 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. 44/2025, registered at Police Station – Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 20.01.2025, a Sub-Inspector for Police Station concerned registered a cybercrime case based on a complaint received via the “Samanvay” portal, operated by the Indian RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 Cyber Crime Coordination Centre, the complaint involved fraudulebnt transaction linked to 104 bank accounts in Utkarsh Small Finance Bank (IFSC: UTKS0001400), Raipur branch, these accounts, which began uperating from January 1 to December 31, 2024, received illegal funds totalling Rs. 36,48,448/- suspected to be proceeded of cyber fraud, thereafter, the Police arrested the applicant. 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 charge-sheet has been filed in this case. It is further submitted that the applicant happens to be an unmarried girl. The applicant is in jail since 23.01.2025 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 on 20.01.2025, a Sub-Inspector for Police Station concerned registered a cybercrime case based on a complaint received via the “Samanvay” portal, operated by the Indian Cyber Crime Coordination Centre, the complaint involved fraudulebnt transaction linked to 104 bank accounts in Utkarsh Small Finance Bank (IFSC: UTKS0001400), Raipur branch, these accounts, which began uperating from January 1 to December 31, 2024, received illegal funds totalling Rs. 36,48,448/- suspected to be proceeded of cyber fraud, thereafter, the Police arrested the applicant. Furthermore, the bail application of the co-accused persons have been rejected by this Court vide order dated 21.04.2025 passed in MCRC Nos. 2096/2025 and
3 2123/2025, 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 the applicant happens to be an unmarried girl and there is no any criminal antecedents registered against the present applicant, charge- sheet has been filed against the applicant, the applicant is in jail since 23.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Preeti Sahu, involved in Crime No. 44/2025, registered at Police Station – Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) 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 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,
4 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