1 2025:CGHC:38414 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6088 of 2025 Amit Giri S/o Prem Giri Aged About 19 Years R/o Ram Nagar Gurunanak Market Gali 06 Vaishali Nagar District Durg Chhattisgarh Mob. No. 9691998121 --- Applicant versus State of Chhattisgarh Station House Officer, Ghumka, District - Rajnandgaon Chhattisgarh --- Non-Applicant MCRC No. 6106 of 2025 1. Manash Patel S/o Surendra Patel Aged About 19 Years R/o Somani Police Station Ghumka District Rajnandgaon (C.G.) 2. Indrakumar Verma S/o Sewak Ram Verma Aged About 27 Years R/o Somani Police Station Ghumka District Rajnandgaon (C.G.) --- Applicants Versus State Of Chhattisgarh Station House Officer, Ghumka, District- Rajnandgaon, Chhattisgarh --- Non-applicant For Applicant : Mr. Aditya Bhardwaj, Advcoate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.05 12:05:31 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/08//2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicants who has been arrested in connection with Crime No. 11/2025 registered at Police Station Ghumka, District - Rajnandgaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiay Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief, is that on 08.02.2025, based on an application received from the Cyber Cell, Ministry of Home Affairs, Government of India, concerning action against multiple account holders involved in illegal money transactions through cyber fraud, a letter was sent to the Bank of Maharashtra, Ghumka Branch, District Rajnandgaon. The letter indicated that a total fraudulent amount of ₹9,58,718 had been deposited between 01.11.2024 and 31.12.2024 across 11 accounts maintained at the said branch. Pursuant to this information, an offence was registered and investigation was initiated. On the basis of the said complaint, the concerned police station registered the offence and initiated proceedings against the applicant, namely, Amit Giri and in memorandum applicant disclose that he has sold the account to co- accused. During the course of investigation, it was revealed that Rs. 17,000/- had been credited to Account No. 60368203290 held by Manas Patel and Rs. 1,25,000/- to Account No. 60499977183 held by Indra Kumar Verma. On the basis of said complainant, the concerned Police Station registered the offence and initiated proceedings against the 3 applicants. Hence, this bail application. 4. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the case. He further submitted that one of the co-accused, namely, Mangalam Soni whose bail was earlier rejected by this Court in MCRC No. 1868/2025 on 20.05.2025, subsequently the said accused preferred a Special Leave Petition before Hon’ble Supreme Court in SLP (Crl.) No. 9233/2025 vide order dated 25.07.2025, and the bail has been granted to him and on the basis of said order, bail has also been granted to three co-accused persons by the Trial Court, a copy of the same has been annexed along with covering memo of this bail application. Further, the present applicants have no criminal antecedents, they are said to be in jail since 09.03.2025 and 08.02.2025 respectively and further the charge-sheet has been filed. Thus, looking to the above, it is prayed that the applicants may be enlarged on bail. 5. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that that the accused/applicants, in collusion with co-accused persons, committed the offense of misappropriating illegally obtained money through cyber fraud. They engaged in unethical transactions of bank accounts, and used and facilitated the proceeds acquired through dishonest and fraudulent means. The offense committed by the applicants/accused is of a serious nature, hence, they are not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of the offence, allegations levelled against the applicants and the fact that one of the co-accused, namely, Mangalam Soni whose bail application 4 was earlier rejected by this Court in MCRC No. 1868/2025 on 20.05.2025, subsequently the said accused preferred a Special Leave Petition before Hon’ble Supreme Court in SLP (Crl.) No. 9233/2025 vide order dated 25.07.2025, and the bail has been granted to him, based on the said order, bail has also been granted to three co-accused persons by the Trial Court, a copy of the same has been annexed along with covering memo of this bail application, further, the present applicants have no criminal antecedents, they are said to be in jail since 09.03.2025 and 08.02.2025 respectively and further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the applicant - Amit Giri (in MCRC No. 6088/2025) and applicant No. 1 and 2 - Manash Patel and Indrakumar Verma (in MCRC No. 6106/2025) involved in Crime No. 11/2025 registered at Police Station Ghumka, District - Rajnandgaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of Bharatiay Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each 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 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In 5 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 applicants 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 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 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. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti