1 2025:CGHC:48157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7236 of 2025 • Debojyoti Bhattachary S/o Malay Bhattachary Aged About 33 Years R/o Gram 4 C Shivam Apartment 1087 Sinthi Road Maghugarh Dist. Kolkata (West Bengal) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Tamnar, District Raigarh Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aman Saxena, Advocate For Respondent/State : Ms. Supriya Upasne, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/09/2025 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.187/2024 registered at Police Station - Tamnar, District-Raigarh (C.G.), for the offence punishable under Sections 318(4), 3(5), 338, 340(2) of BNS, 66(D) of IT Act. 2. Case of the prosecution, in brief, is that Tamnar police received a complaint from one Gopal Kirshna Sharma on 10.07.2024 that basis which FIR 187/2024 was registered on the same day. The complainant is a victim of cyber crime and downloaded Groww app VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.19 17:28:54 +0530 2 and has been defrauded a total of INR 1,12,43,913 which he transferred over the course of 20 days to various bank accounts through the Groww app. The FIR was registered against unknown persons. Thereafter, first challan was filed on 26.03.2025 wherein the present applicant was not arrested or sent on remand. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime in question. It has been argued by learned counsel for the applicant is that the name of the applicant included in the supplementary charge-sheet filed on 27.06.2025. He further submits that the co-accused name of Sanjay Shaha, also included in supplementary charge-sheet and he has already been granted bail by this Court in MCRC No.6809 of 2025 vide order dated 28.08.2025 and one other co-accused Maidul Shaikh has already been granted regular bail by this Court in MCRC No.3543 of 2025 vide order dated 07.05.2025 and another co- accused Chandan Kahar has been released on bail by the learned trial Court. Therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the co-accused namely Dr. Gourhari Mandal bail application has been rejected by this Court in MCRC No. 4647 of 2025 vide order dated 11.07.2025, applicant has no criminal antecedents but the present case is of the nature of online fraud, by which the complainants suffered of huge amount, therefore, applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and, further considering the fact that co-accused name of Sanjay Shaha, also included in supplementary charge-sheet and he has already been granted bail by this Court in MCRC No.6809 of 2025 vide order dated 28.08.2025 and Maidul Shaikh has already been granted regular bail by this Court in MCRC No.3543 of 2025 vide order dated 07.05.2025 and another co-accused Chandan Kahar has been released on bail by the trial Court, he is in jail since 18.04.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail only on the ground of parity. 7. Let the applicant – Debojyoti Bhattachary involved in Crime No.187/2024 registered at Police Station - Tamnar, District-Raigarh (C.G.), for the offence punishable under Sections 318(4), 3(5), 338, 340(2) of BNSS, 66(D) of IT Act, be released on bail on their furnishing a personal bond with two local 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 4 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, (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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali