1 2025:CGHC:42168 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5695 of 2025 1 - Suresh Kumar S/o Ramavtar Aged About 44 Years, 2 - Rantu S/o Gudhicha Aged About 30 Years, Both Resident Of Kumda Colony Police Station Vishrampur District Surajpur (C.G.) ... Applicants versus State Of Chhattisgarh Through - Station House Officer, Police Station Surajpur, District Surajpur (C.G.) ... Respondent For Applicants : Shri S.R. Sinha, Advocate. For Respondent/State : Dr. Saurabh Pandey, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/08/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.22 10:37:57 +0530 2 bail to the applicants who have been arrested in connection with Crime No.302/2025 registered at Police Station Surajpur, District Surajpur (C.G.). for the offence punishable under Sections 420, 413, 120(B) IPC. 2. Case of the prosecution is that from the case diary and police report of Thana-Surajpur, it appears that several complaints of cyber fraud were lodged through the portal of the Indian Cyber Crime Coordination Center. During investigation, it was found that the bank account of the applicant no.02 was linked to these fraudulent transactions. Upon arrest and interrogation, applicant no.02 stated that he had handed over his ATM card, mobile SIM, and passbook to applicant no.01. On being questioned, applicant no.01 admitted to giving these banking materials to applicant no.02. Prima facie, it is alleged that both accused knowingly provided access to their bank accounts and documents to aid the commission of cybercrime, purportedly for unlawful financial gain. Hence this offence. 3. Learned counsel for the applicants submits that the applicants are innocent and are falsely implicated in this case and there is no direct evidence of their involvement in any cyber fraud or financial transactions related to the same, the alleged transactions were not carried out by the applicants themselves. He would submit that the main absconding accused, Munna Sinha, a local resident known to both applicants, used to offer loans to people in the locality and in this instance, he demanded a guarantor's ATM and bank passbook from applicant no.01 while offering a loan and applicant no.01, in need of urgent financial assistance, requested his friend and neighbor, 3 applicant no.02, to provide these documents as a guarantor. On this request, applicant no.02, without any malicious intent, handed over his documents, these documents were subsequently passed on to Munna Sinha, who later absconded. He would further submit that the applicants have not conducted any transaction themselves nor received any financial benefit from the alleged fraudulent activity and the use of the bank account was without their knowledge or intention to commit any fraud. He would submit that the applicants are in jail since 23/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that there is total transaction of near about Rs.1,51,463/- of cyber fraud in the account of the applicants. He would further submit that the applicants have no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants, considering the fact that there is total transaction of near about Rs.1,51,463/- of cyber fraud in the account of the applicants, period of detention of the applicants since 23/06/2025, applicants have no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant No.1-Suresh Kumar and applicant No.2-Rantu, 4 involved in Crime No.302/2025 registered at Police Station Surajpur, District Surajpur (C.G.). for the offence punishable under Sections 420, 413, 120(B) IPC, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufficient cause, then it shall 5 be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri