1 2025:CGHC:37724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4520 of 2025 Shrenik Sanghvi S/o Naresh Bhai Sanghvi Aged About 24 Years R/o 204/c, Rajaratan Apartment, Koshamba Road, Behind Shraf Chal, Valsad, P.S. And Teh., Dist. - Valsad (G.J.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer (S.H.O.), P.S. - Kotwali, Rajnandgaon, Dist. - Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Ravi Kumar Kashyap, Advocate. For Non-applicant/State : Dr. Saurabh Pandey, Dy. Adv. General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 33/2025, registered at Police Station Kotwali, Rajnandgaon District – Rajnandgaon (C.G.) for the offence punishable under Section 318(4), 319, 317(4), 112, 61 of BNS and 66-C & 66(d) of the Information Technology Act. 2. As per the prosecution, the complainant, Rupesh Kumar Sahu, filed a VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.01 17:20:14 +0530 2 report stating that one Ashutosh Sharma, whose bank account was frozen, requested him to receive funds in his Bank of Baroda account in exchange for a commission. The complainant received and withdrew 90,000 on 21.12.2024, after which his account was frozen ₹ by cyber crime authorities. It was later revealed that his account had been used fraudulently. During the investigation, based on the memorandum statement of accused Shrenik Kumar Sanghvi, it was alleged that the present applicant was contacted by Raju, a friend of his elder brother, and was taken to Cambodia in June 2024 where he allegedly visited a scam center. It is further alleged that the applicant provided his Indian bank account to Raju to receive proceeds from fraudulent activities. However, no supporting documents of travel or account use have been annexed to the charge sheet. Notably, co- accused Rohit Birwani, against whom similar allegations were made, has already been granted bail by this Court in MCRC No. 3795/2025. 3. The applicant has been falsely implicated in the present case, with no direct involvement in the alleged offence. His name does not appear in the memorandum of co-accused Ashutosh Sharma, who merely provided the applicant’s contact number and has already been released under Section 35 of the BNSS. During the investigation, it was alleged through the memorandum of another accused, Shrenik Kumar Sanghvi, that the applicant was contacted by Raju—his elder brother’s friend—and allegedly traveled to Cambodia to visit a scam center. However, no supporting documents regarding the alleged travel or bank accounts have been included in the charge sheet. The only accounts attached to the charge sheet are those provided by 3 Ashutosh Sharma, and the transactions were allegedly conducted by Raju Thalkesh. A co-accused, Rohit Birwani, facing similar allegations, has been granted bail by this Court in MCRC No. 3795/2025. The applicant is a 24-year-old young individual whose prolonged detention could adversely affect his mental and personal development. He has no criminal antecedents, is the sole breadwinner of his family, and has been in custody since 27.01.2025. He is a permanent resident of Valsad, Gujarat, with deep societal roots, eliminating any risk of absconding. He undertakes to comply with all conditions imposed by this Hon’ble High Court and assures that he will not tamper with witnesses or obstruct justice if released on bail therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that the applicant has no previous criminal antecedents, and that co-accused Rohit Birwani has been granted bail by this Court in MCRC No. 3795 of 2025 vide order dated 13.05.2025, and also considering that the charge-sheet has been filed and the applicant has been in custody since 27.01.2025, with the conclusion of the trial likely to take some time, I am inclined to grant regular bail to the present applicant. 7. 7. Let applicant, Shrenik Sanghvi, involved in Crime No.33/2025, 4 registered at Police Station Kotwali, Rajnandgaon District – Rajnandgaon (C.G.) for the offence punishable under Section 318(4), 319, 317(4), 112, 61 of BNS and 66-C & 66(d) of the Information Technology Act, be released on bail on furnishing personal bond with two local 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, 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav