1 2025:CGHC:38498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6111 of 2025 Navin Kavilikathha S/o Lakshmaihiya Aged About 30 Years (Age Not Mentioned In The Order-Sheet) R/o Royaru Kotha Harijanbada, P.S. Bhotlavallaru, District : Krishna, Andhra Pradesh ...Applicant versus State Of Chhattisgarh Through The Police Station- Gobra Nawapara, District : Raipur, Chhattisgarh ... Non-applicant For Applicant : Dr. Sharad Pandey, Advocate For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 533/2024 registered at Police Station – Gobra Nawapara District – Raipur (C.G.), for the offence punishable under Sections 318(4) & 3(5) of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.04 18:57:57 +0530 2 2. As per prosecution story in brief is that the applicant (Jyoti Tejwani), lodged first information report in the police station submitting that from 05.11.2024 to 08.11.2024, a total of 17.11.408 rupees were defrauded through UPI and RTGS by luring extra benefits through Helzberg Diamonds Company Gaming App. During the Investigation, on receiving information regarding the account number 96010935019 of the accused in Coastal Local Area Bank, Kankipadu, District Krishna, Andhra Pradesh, the accused was given a notice under Section 35(3) BNSS at his residence in Royuru Kothaharijanwada, Police Station Thotlavallur, District Krishna (Andhra Pradesh). In compliance of the notice. the accused appeared at the police station on 29.04.2025. He was given a memorandum statement under Section 94 BNSS/91 CrPC in front of witnesses and a memorandum statement was taken under Section 23(2) of the Indian Evidence Act. In his memorandum statement, he admitted to the crime by submitting that he joined the said company on the request of the holder of mobile number 720581286 of Paratex Trading Private Limited Company and got the account opened on the promise that he would get Rs. 1000 every day. On the basis of which the applicant was arrested by the police of Police Station Gobra Nawapara, Dist- Raipur, C.G. for the alleged offence punishable under Section(s) 318(4), 3(5) of the Bhartiya Nyaya Sanhita, 2023. (Copy of F.I.R. is submitted here as ANNEXURE A-2) 3. The applicant is innocent and has been falsely implicated in the present case, having no role in the alleged offence, with no evidence connecting him to its commission. There are no prima facie ingredients to attract the provisions of Sections 318(4) and 3(5) of the 3 Bharatiya Nyaya Sanhita, 2023, and even on a holistic reading of the charge-sheet, none of the statutory conditions under the said sections are satisfied. The applicant is a 30-year-old male, and continued detention would serve no purpose except to cause undue hardship to him and his family, especially as the trial is likely to take time. He is a permanent resident of the address mentioned in the cause title, and there is no risk of him absconding or fleeing from justice. The applicant undertakes to comply with all conditions imposed by this Hon’ble Court and is willing to furnish adequate security, as may be directed, while seeking his release on bail. 4. The learned counsel for the State/non-applicant opposes the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, the material available in the case diary, and the fact that the applicant/accused is alleged to have been involved in a cheating case involving an amount of Rs.17,11,408/-, and further, that the applicant sold his bank account for a consideration of Rs.1,000/- per day to the bearer of mobile number 720581286 of Paratex Trading Private Limited Company, and as stated by the learned counsel for the applicant, the applicant himself has admitted in his memorandum statement that he earned a profit of Rs. 50,000/- from the said gaming app, I am not inclined to grant regular bail to the applicant in this case. 4 7. Accordingly, the bail application of the applicant - Navin Kavilikathha, involved in Crime No. 533/2024 registered at Police Station – Gobra Nawapara District – Raipur (C.G.), for the offence punishable under Sections 318(4) & 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha ) Chief Justice vaibhav