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2025 DAILYLAW 39249 (CHH)

JASBEER SINGH v. STATE OF CHHATTISGARH

MCRC/6286/2025 · 2025-08-07

Special Leave Petitionbody2025

Judgment text

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1 2025:CGHC:39854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6286 of 2025 Jasbeer Singh S/o Salvinder Singh Aged About 24 Years R/o Near Panch Rast Patel Hotel, Supela, PS - Supela, Distt.- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through PS - Ghumka, Distt.- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. H.S. Ahluwalia, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.08.2025 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. 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 the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the applicant, along with other co-accused persons, was engaged in illegal money transactions through cyber fraud. The applicant, in collusion with the co-accused, knowingly used stolen money by making unethical transactions for financial gain, directly or indirectly, by depositing Rs. 9,58,718/- in his account and subsequently ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.08 20:17:10 +0530 2 transferring the amount to other co-accused persons. Based on the complaint, an FIR was registered against the applicant, and after completion of the investigation, a charge-sheet has been filed under the relevant offences mentioned above. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He submits that other co-accused person, namely, Mangalam Soni, has already been granted bail by the Hon'ble Apex Court in SLP(Crl) No. 9233/2025 vide order dated 25.07.2025 as well as co-accused, namely, Amit Giri, Manash Pate and Indrakumar Verma have also been granted regular bail by this Court in MCRC No. 6088 of 2025 and 6106 of 2025 vide order dated 04.08.2025 respectively. He also submits that the present applicant has bee in jail since 09.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant on the ground parity. 4. On the other hand learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been submitted in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that other co-accused person, namely, Mangalam Soni, has already been granted bail by the Hon'ble Apex Court in SLP(Crl) No. 9233/2025 vide order dated 25.07.2025 as well as co-accused, namely, Amit Giri, Manash Pate and Indrakumar Verma have also been granted regular bail by this Court in MCRC No. 6088 of 2025 and 6106 of 2025 vide order dated 04.08.2025 respectively. Moreover, the applicant has been in jail since 09.03.2025, conclusion of the trial may take some more 3 time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the First Bail of the applicant – Jasbeer Singh, 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 the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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. (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, 4 (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 Abhishek