1 2025:CGHC:37725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5385 of 2025 Deepak Kumar Naredi S/o Ganesh Naredi Aged About 27 Years R/o - Village Basantpur (Mudiya Mohara) Tehsil Dongargarh, District- Rajnandgaon Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, District Rajnandgaon C.G. ... Non-applicant For Applicant : Mr. Aditya Bhardwaj, 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 Second 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 charge sheet, the complainant, Rupesh Kumar Sahu, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.31 18:57:52 +0530 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.01 17:20:12 +0530 2 reported that his Bank of Baroda account (No. 62430100009440) was misused by one Ashutosh Sharma, resulting in transactions totaling ₹90,000, with 20,000 held by the bank. In his memorandum, ₹ Ashutosh Sharma admitted to being a loan agent at Bandhan Bank, Dongargarh, and stated that he came into contact with co-accused Shubham Tiwari, who offered a 5% commission to exchange funds related to cryptocurrency and shares. Sharma received around ₹1,00,000 as commission for these transactions. During the investigation, all individuals whose accounts were involved in the transactions were made accused. However, Ashutosh Sharma was released under Section 35 of the BNSS. It is alleged that 90,000 was ₹ transferred through the present applicant's bank account. 3. The applicant submits that he is innocent and has been falsely implicated, as the prosecution's case revolves around the alleged misuse of a bank account neither opened nor directly operated by him. His name does not appear in the memorandum of co-accused Ashutosh Sharma, Similarly, a co-accused in MCRC No. 3795 of 2025 has also been granted bail by this Hon’ble High Court. The charge sheet has been filed, and the applicant has been in judicial custody since 11.02.2025, with no requirement for further custodial interrogation. He has fully cooperated with the investigation and poses no risk of tampering with evidence, influencing witnesses, or fleeing from justice. Citing relevant Supreme Court precedents, including P. Chidambaram v. Directorate of Enforcement and Siddharam Satlingappa Mhetre v. State of Maharashtra, the applicant emphasizes the principles of personal liberty and the presumption of innocence. 3 He is not a threat to society or the judicial process, and continued incarceration would cause irreparable harm to his life. He is a permanent resident of the address mentioned in the cause title, willing to furnish adequate surety, and undertakes to comply with all conditions imposed by this Hon’ble Court 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 11.02.2025, with the conclusion of the trial likely to take some time, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Deepak Kumar Naredi, involved in 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, 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:- 4 (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 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. 5 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