1 2025:CGHC:48352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7459 of 2025 Anas Ansari S/o Munne Aged About 19 Years R/o Ward No. 45, P.S. - C.B. Ganj, District Bareli (U.P.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Devendra Nagar District - Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Shivam Mishra, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/09/2025 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. 439/2024 registered at Police Station Devendra Nagar District - Raipur (C.G.) for the offence punishable under Section 318(4) & 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant Praveen Kawaljeet Singh Banga, who runs a wholesale medicine business in Raipur, received a fraudulent email resembling one from Hindustan KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Antibiotics Agrovet Division, asking him to transfer Rs.7,88,954/- to a Bank of Baroda account for supply of medicines. Believing it genuine, he transferred the money on 23.12.2024, later discovering the account belonged to Anas Ansari of Bareilly, U.P., not the company. Investigation showed Anas Ansari diverted the funds to co-accused Azam Ansari, while another accused Nadeem Ansari remains absconding. Based on this cyber-fraud, Devendra Nagar Police registered Crime No. 439/2024 under Sections 318(4) and 3(5) BNS. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the identically situated co-accused, namely, Ajam Ansari has already been granted regular bail by this Court vide order dated 11.09.2025 in MCRC No.6506 of 2025. The applicant is in jail since 03.06.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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. He further submits that the allegation against applicant is that he participated in a cyber-fraud by using a fake email address to impersonate Hindustan Antibiotics Agrovet Division and induced the complainant to transfer Rs.7,88,954/-. The amount was first received in Anas Ansari’s bank account and then moved to the account of co- accused Azam Ansari. He is therefore accused of cheating and dishonestly receiving the fraudulent money, therefore, he is not 3 entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 03.06.2025, the fact that thought the allegation against applicant is that he participated in a cyber-fraud by using a fake email address to impersonate Hindustan Antibiotics Agrovet Division and induced the complainant to transfer Rs.7,88,954/-. The amount was first received in Anas Ansari’s bank account and then moved to the account of co- accused Azam Ansari, thereby become accused of cheating and dishonestly receiving the fraudulent money, but considering the fact that co-accused, namely, Ajam Ansari has already been granted regular bail by this Court vide order dated 11.09.2025 in MCRC No.6506 of 2025 and the case of present applicant is identical to that of the aforesaid co-accused, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Anas Ansari, involved in Crime No. 439/2024 registered at Police Station Devendra Nagar District - Raipur (C.G.) for the offence punishable under Section 318(4) & 3(5) of BNS, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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, (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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal