1 2025:CGHC:27791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4899 of 2025 Bharatbhai Dhirubhai Majethiya S/o Dhirubhai Majethiya Aged About 34 Years R/o Village Nanabhadra, P.S. Jamkandorna, Dist. Rajkot (Gujrat) ...Applicant versus State Of Chhattisgarh Through Station House Officer Pipariya, Dist. Kabirdham (C.G.) ...Non-applicant For Applicant : Mr. Ajay Ayachi, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.06.2025 1. This is the Second 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. 100/2024 registered at Police Station Pipariya, District Kabirdham (C.G.), for the offences punishable under Sections 420, of the Indian Penal Code and Section 66(D) of Information Technology Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.26 11:14:45 +0530 2 2. As per the case of the prosecution in brief is that the complainant Aishwarya Gupta lodged a written report before Police Station Pipariya alleging therein that from 07.03.2024 at about 11.00 am morning to 08.03.2024 at about 9.30 pm night, she was cheated a sum of Rs. 19,57,000/- for deploy her in an online job. On the basis of report, an offence was registered and investigation was initiated. During course of investigation, it was found that from the account of the complainant some transactions were made to various account numbers on 07th and 8th March, 2024, then the transaction of aforesaid cheques were tried to stop by police and for the aforesaid reason on application was sent to Nodal Officer of the bank and the entire information of whatsapp chatting of the complainant was received by police from the Google LLC, it is found that the account sent by the complainant and on the basis of aforesaid information collected by the police, the present applicant was arrested, articles were seized, statement of the prosecution witnesses were recorded and after completion of entire investigation, charge-sheet has been filed before the learned Chief Judicial Magistrate, Kawardha, District Kabirdham (C.G.). 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that wife of applicant is suffering from gynecological Cancer (Blood is flowing) and has to be given to wife of applicant every 15 days to 1 month photocopy of treatment is annexed as Annexure- A- 2. Due to above mentioned reasons applicant has moved an applicant before trial Court for depositing amount 1,30,000/- as said by prosecution copy of the same is as annexed A-3 and that has been rejected vide order dated 02.06.2025 and he also submits that the 3 present applicant has no criminal antecedents and he is in jail since 28.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before competent Court in the present matter. 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 applicant had made an effort to refund an amount of Rs. 1,30,000/-, which was received in his account. The applicant was ready to repay the said amount to the complainant; however, the complainant has been demanding a much higher sum from the applicant. With regard to the status of the trial, it is submitted that there are 55 accused persons, including the applicant, out of which only the applicant has been arrested. He has been in jail since 28.12.2024. It is further submitted that the complainant had appeared before the Court and had taken Supurdginama of the articles, which she later returned, as reflected in the trial court’s order dated 22.04.2025. Thereafter, the trial court summoned her by order dated 30.04.2025 for recording her evidence, but she failed to appear. Consequently, bailable warrants were issued to secure her presence, as reflected from the order sheets dated 22.05.2025 and 02.06.2025. Furthermore, it is submitted that the applicant’s wife is suffering from gynecological cancer, for which he has annexed supporting medical documents. There is no one available to take care of her. Considering that the conclusion of the trial may take 4 considerable time, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Bharatbhai Dhirubhai Majethiya, involved in Crime No. 100/2024 registered at Police Station Pipariya, District Kabirdham (C.G.), for the offences punishable under Sections 420, of the Indian Penal Code and Section 66(D) of 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. 5 (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 vaibhav