Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:47779
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6695 of 2025 • Pushpdeep Singh Bhatia S/o Ujagar Singh Aged About 24 Years R/o Khandupara, Ward No. 12, Dongargarh, District Rajnandgaon Chhattisgarh
... Applicant versus • State of Chhattisgarh Through Police Station Dongargarh, District Rajnandgaon Chhattisgarh
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sudhanshu Kumar Singh, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate with Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 17/09/2025
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 bail to the applicant who has been arrested in connection with Crime No.114/2025 registered at Police Station Dongargarh, District - Rajanandgaon (C.G.) under Sections 411, 413 and 414 of IPC (As per charge-sheet). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.18 18:23:22 +0530
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2. As per prosecution story and police Station Cyber Cell Rajnandgaon received an information from Bhartiya Cyber Apradh Samanvay Kendra Coordination Portal operated by the Ministry of Home affairs, Government of India regarding mule accounts in the Jana small finance bank Dongargarh IFSC Code JSFB0004634 in the Layer-1 Account Bearing No.4634010053899620, and has received the money on dated 26.06.2024 of Online fraud in the above stated accounts to the tune of Rs.5,500/- and upon investigation the applicant was arrested and the transaction to the tun of Rs.5500/- on dated 26.06.2024 was found in the account of the applicant and the charge-sheet has been filed before competent court.
3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. It is further argued by
learned counsel for the applicant has one criminal antecedent in crime No.113 of 2025 registered at Police Station 317(2), 317(4), 317(5) and 111(5) of the BNS, in which applicant has been enlarged on bail by the learned trial Court. He also submits that applicant is in jail since 14.06.2025, chargesheet has been filed and trial is likely to take some time. Therefore, she prays that the present applicant is entitled for grant of regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the present case is of the nature of online fraud and the present applicant received the money in his bank account on 26.06.2024 by online fraud and upon investigation the applicant was arrested and the transaction was made by the said account and due to which, the online fraud was
3 committed by the accused person, as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, allegation levelled against the present applicant and also considering the fact that applicant has one criminal antecedent in crime No.113 of 2025 registered at Police Station 317(2), 317(4), 317(5) and 111(5) of the BNS, in which applicant has been enlarged on bail by the learned trial Court, applicant is in jail since 14.06.2025, looking to the detention period of the applicant, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Pushpdeep Singh Bhatia, involved in Crime No. 114/2025 registered at Police Station Dongargarh, District - Rajanandgaon (C.G.) under Sections 411, 413 and 414 of IPC (As per charge-sheet)., be released on bail on his 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
4 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 vaishali