1 2025:CGHC:34580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5694 of 2025 • Prakash Sonteke S/o Ashok Sonteke Aged About 30 Years R/o Tikrapara, Mannu Chowk, Neal Pal Kirana Store, P.S. City Kotwali Bilaspur, District Bilaspur, C.G. ... Applicant versus • State Of Chhattisgarh Through P.S. City Kotwali, Bilaspur, Dist.- Bilaspur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aakash Sahu, Advocate For Respondent/State : Mr. Sourabh Kumar Pande, Dy.A.G. For Objector Mr. Himanshu Korsh, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.119/2025 registered at Police Station City Kotwali, District Bilaspur (C.G.), for the offence punishable under Sections 318(4) of BNS. 2. Case of the prosecution, in brief, is that on 18/10/2024 at around 01 pm, a link came on the mobile number 9516804787 of the applicant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.22 20:22:36 +0530 2 from mobile number-9982927681 and an unknown person sent a message with an option to put a review on Google Map, which said that some points would be given for every review, on which the applicant earned points by putting reviews on the link sent by the applicant and further, the link was sent through Telegram by telling to earn more points and put reviews and asking the applicant to add the link, crypto currency and name were added to Farms Beat and when she opened the link, Rs 12000/- was deducted from her bank account and when she messaged, she was asked to give Rs 23000/- and when the applicant demanded it in her desire to get her money back, she paid Rs 50000/- through VYOM of Union Bank transfer. After this, the Telegram ID was deleted by the said person, about which a complaint was made by the applicant to the Cyber Cell and fraud of Rs. 33000/-, 23000/-, 5000/-, 50000/-, totaling Rs. 1,10,000/- was done from her account and the said amount out of this, Rs 44000/- has been kept on hold. On the above allegation offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the compromised has been taken place between the parties. The applicant is in jail since 20.03.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent. He further submits that the present case is of the nature of online fraud and due to which, the online fraud was 3 committed by the accused person and the complainant has suffered of huge amount therefore, he is not entitled for grant of bail. 5. Learned counsel for the Objector submits that the compromise has been taken place between the parties and he has no objection to grant of regular bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. 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 has no criminal antecedent and considering the fact that the compromise has been taken place between the parties, he is in jail since 20.03.2025 and the charge-sheet has been filed, further the 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. 8. 8. Let the applicant – Prakash Sonteke, involved in Crime No.119/2025 registered at Police Station City Kotwali, District Bilaspur (C.G.), for the offence punishable under Sections 318(4) of BNS, be released on bail on their 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. 4 (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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali