1 2025:CGHC:27726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4855 of 2025 Karan Yadav S/o Ashok Yadav Aged About 25 Years R/o Navapara Rajim, Police Station Rajim, District- Gariyaband (C.G.) (Details Of Applicant Properly Not Mentioned In The Impugned Order Sheet) ... Applicant versus State Of Chhattisgarh Through- S.H.O. P.S.- Balod, District Balod (C.G.) ... Non-applicant For Applicant : Mr. Aman Tamrkar, Advocate For Res./State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.06.2025 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. 60 of 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), 111 of the BNS, 2023. 2 2. Case of the prosecution, in brief,SHO Balod received information regarding 10 bank account of Bank of Maharashtra were used for deposit of money obtained through Cyber fraud from different places of India between 01/012024 to 02/02/2025 to the tune of Rs. 3,19,145/- . Allegation against the present applicant is that the Co-accused namely- Khileshwari Dhruv offered him Rs. 5,000/- in return for providing bank account details and document of an account at Bank of Maharashtra, and subsequently he has taken bank account details and documents of his father Tika Ram Malekar and handed over the same to Khileshwari Dhruv. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated in this case. He would also submit that the present applicant is not involved in the crime in question as it is the co- accused who had obtained the bank account details and document of an account of the Bank of Maharashtra from the applicant by alluring him. The present applicant is in jail since 04.02.2025 and conclusion of the trial is likely to take quite long time. He would lastly submit that the co-accused namely Narayan Solwanshi has been granted bail by this Court in MCRC No. 2128 of 2025 vide order dated 08.05,2025 therefore he prays for grant of bail to the present applicant on the ground of parity. 4. On the other hand, learned counsel for the State, opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. However he would fairly submit that the applicant has no criminal antecedent. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and the fact that the present applicant has no criminal antecedent and the co-accused namely Narayan Solwanshi has been granted bail by this Court in MCRC No. 2128 of 2025 vide order dated 08.05,2025. Moreover, the fact that the charge-sheet has been filed before the competent Court and he is in jail since 30.04.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Karan Yadav involved in Crime No. 60 of 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), 111 of the BNS, 2023, 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 his under 4 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 his, 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 Amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.27 15:57:13 +0530