1 2025:CGHC:33853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5606 of 2025 Abhishek Kumar Dube S/o Shailesh Kumar Dubey Aged About 33 Years R/o Village And Post Jiymarau P.S. Madiyahu District Jaunpur (U.P.) Present Address Chaandrahasini Ispat Pvt Ltd. Gerwani P.S. Punjipathra Dist- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station Hose Officer P.S. Punjipathra District Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Shailendra Dubey and Mr. Gajanand, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.07 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No - 27/2025, registered at Police Station – Punjipathra, District - Raigarh (C.G.) for the offence punishable under Sections 318(4), 316(4), 338 of Bharatiya Nyaya Sanhita, 2023 and Section 66 of Information of Technology Act. 2. As per the case of prosecution, on 19.12.2024, the applicant/accused PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.18 17:56:34 +0530 2 Abhishek Kumar Dubey is alleged to have fraudulently transferred an amount 14,79,349/- from the account of Chandrasini Ispat Pvt. Ltd. Company into a fictitious bank account cheated in of the name of the company through online gaming applications using his mobile number. It is alleged that a total of ₹1,46,22,213/- was transferred through multiple transactions from 19.12.2024 to 13.01.2025 into the said fictitious account. Subsequently, FIR was registered under Sections 318(4), 316(4), 338 IPC, and 66 of the I.T. Act, and the applicant was arrested. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is a regular employee of the company and has been falsely implicated on the basis of suspicion. Apart from a sum of Rs. 50,300/- allegedly recovered by the Police, no incriminating evidence or direct recovery has been made from the applicant. There is no material on record to show that the applicant personally misappropriated any funds. He also submitted that the applicant has no previous criminal antecedents, further the charge-sheet has been filed in this case. The applicant is in jail since 31.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. He further submits that on 19.12.2024, the applicant/accused, Abhishek Kumar Dubey, allegedly transferred Rs. 14,79,349/- from Chandrasini Ispat Pvt. Ltd.'s account into a fictitious account created in the company's name using online gaming applications and his mobile number. It is further alleged that a total of Rs. 1,46,22,213/- was transferred through multiple transactions from 19.12.2024 to 13.01.2025, into the fictitious account, hence, he is not 3 entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. 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 antecedents, further, the charge-sheet has been filed and he is in jail since 31.01.2025 and conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Abhishek Kumar Dube, involved in Crime No - 27/2025, registered at Police Station – Punjipathra, District - Raigarh (C.G.) for the offence punishable under Sections 318(4), 316(4), 338 of Bharatiya Nyaya Sanhita, 2023 and Section 66 of Information of Technology Act, be released on bail on his furnishing a 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, 4 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. 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 Preeti